The History of the Survey of Ireland: Commonly Called the Down Survey, A.D. 1655-6

Google

This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project

to make the world's books discoverable online.

It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject

to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books

are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover.

Marks, notations and other maiginalia present in the original volume will appear in this file - a reminder of this book's long journey from the

publisher to a library and finally to you.

Usage guidelines

Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the
public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing tliis resource, we liave taken steps to
prevent abuse by commercial parties, including placing technical restrictions on automated querying.
We also ask that you:

+ Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for
personal, non-commercial purposes.

+ Refrain fivm automated querying Do not send automated queries of any sort to Google's system: If you are conducting research on machine
translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the
use of public domain materials for these purposes and may be able to help.

+ Maintain attributionTht GoogXt "watermark" you see on each file is essential for in forming people about this project and helping them find
additional materials through Google Book Search. Please do not remove it.

+ Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just
because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other
countries. Whether a book is still in copyright varies from country to country, and we can't offer guidance on whether any specific use of
any specific book is allowed. Please do not assume that a book's appearance in Google Book Search means it can be used in any manner
anywhere in the world. Copyright infringement liabili^ can be quite severe.

About Google Book Search

Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers
discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web

at |http: //books .google .com/I

.^'^^^^^-^

\CT. fiS-LT. '" 'S.'^V

■■ I

THE

HISTOET OF THE SURYET OF IRELAND,

THE DOWN SURVEY,

BT

DOCTOR WILLIAM PETTY,

A. D. 1655-6.

FROM A MANUBCRIFT IN THE I.IBBARY OF TBIMITT COLLEOE. DUBLIN,
a AXUTHXR IN TBB POSseaatON of the MOBT KOBUC TB> MABQVia

THOMAS AISKEW LAKCOM.
F.E.S., H.R.I. A., Etc..

DUBLIN:

FOR THE IRISH ARCH^OLOGICAL SOCIETY.

THIS COPY WAS PRINTED FOR

RICHARD GRIFFITH, ESQ., LL.D

MEMBER OF THK SOCIETY.

DUBLIN :

PRU9TBD AT THE UNIVERSITY PRESS,

BY M. II. GILU

IRISH ARCHJIOLOGICAL SOCIETY.

FOUNDED MDCCCXL.

patron:
HIS ROYAL HIGHNESS THE PRINCE ALBERT.

His Grace thb Dukb of Lbikster.

The Most Noble the Marquis of Eildare, M.R.I.A.
The Right Hov. the Earl of Leitrim, M.R.I. A.
The Right Hov. the Earl of DnNRAVEv, M.R.I.A.

(ZDouncfl :
Rbv. Samuel Butcher, D.D., M.R.I.A.

EUGBHB GURRT, EsQ.

Rbv. Charles Graves, D.D., M.R.I.A.

William E. Hudson, Esq., M.R.I.A.

Thomas A. Larcom, R.E., M.R.I.A.

JoHK O^DovovAv, LL.D., M.R.LA.

George Petrie, LL.D., R.H.A., M.R.LA.

Rev. William Reeves, D.D., M.R.LA.

Vert Rev. Laurence Renehav, D.D., President of

St. Patrick's College, Maynooth.
Aquhxa Smith, M.D., M.R.I.A.
J. Huband Smith, A.M., M.R.I.A.
Rev. J. H. Todd, D.D., MR. LA.

Dr. Aquhxa Smith.

l^onoTarB Sbecretaries :

Rev. J. H. Todd, D.D., and John O'Donovan, LL.D.

SL%%i%tSint SbemtatB :

Eugene Currt, Esq.

EDITOR'S PREFACE.

iT had long been known that Sir W. Petty had left
an account of the Down Survey. He refers to it
in several of his writingB, and makes mention of it
in hi$ " Last Will and Testament," published with
g the volume of his Tracts, printed in Dublin, 1769.
» In his " Reflections upon some Persons and Things
in Ireland," he states : " A fourth treatise I have, far greater than auy
of those above mentioned, being an history of the survey and distri-
bution of the forfeited lands in Ireland, and withall a series of my
own services and sufferings with reference thereunto, and to that
nation; which work consists chiefly of all Acts of Parliament, resolves
of all general assemblies of the army, orders of the Coimcil, acts of
councils of war, results of committees, petitions of agents, references,
reports and accounts, &c., relating to all and singular the premises."
In his will the following occurs : " I value my three chests of
onginal maps and field-books, the copies of the Down Survey, with
the barony maps, and the cheat of distribution books, with two chests
of loose papers relating to the survey, the two great barony books,
and the Book <^%he History of the Doum Sitrvey, altogether, at £3000."
iBisB ARCH. soc. b In

( ii )

In the Supplement to the Third Annual Report of the Irish Record
Commissioners, page 499, an extract is given from a memorandum
by Mr. Hardinge, of the Surveyor-GreneraVs office, in which, speaking
of documents connected with the Down Survey, more especially the
barony maps, he writes : " Similar copies of these were in the possession
of the Shelburne family, and deposited in Shelbume House, Stephen's-
green, where I saw them about the year 1777." This seemed to ren-
der it probable that the History of the Down Survey was also still
preserved among the muniments of the family, but it had never been
printed.

In the year 1834, at the sale of the library of Lord De Clifford,
the manuscript now printed was purchased by the late James Weale,
Esq., of the department of Woods and Forests, an ardent collector of
matters and papers relating to Ireland. Mr. Weale thus described it
at the time, in a letter to the Editor, dated Whitehall, April ist, 1834:
" I forget whether I have informed you of my recent acquisition of a
thick folio volume of manuscript, comprising copies of all the official
proceedings preliminary to and during the employment of Sir William
Petty in the business of the Down Survey, with a running commen-
tary, written by the Doctor. The writing was supposed to be Sir
William's; but though it resembles his, I am satisfied it is only a fair
transcript, made under his personal direction, of the third article men-
tioned by him in the pamphlet I sent to you, as ready for publication,
in answer to Sankey's charges against him. Or it may be a first
volume of the larger work he there speaks of, as giving a full accoimt
of the Survey.

^^ I bought it at the sale of Lord De Clifford's manuscripts, and
Mr. Thorpe made me pay for it ; but I am very well satisfied with
my bargain, for it contains an invaluable mass of information, which
I have not yet discovered to be elsewhere in existence, though it is

probable

( iii )

probable there may be another transcript among the Petty collections
at Bo wood. It bears the autograph of Sir Robert Southwell, to whom
Petty seems to have communicated, de die in diem^ et in extenso^ even
when in London together, every act of his life; and I am in hopes of
discovering the letter from Petty which accompanied the volume in
its transmission to Southwell.

^^ I propose to have a copy of it made, but until I possess such
duplicate, I shall be unwilling to risk the loss of it, otherwise I would
take it with me to Dublin for your inspection."

Mr. Weale died in 1838, and several of the manuscript and other
works in his collection were purchased by the Government, chiefly
through the enlightened and liberal intervention of the late Sir Robert
Peel ; among others, the History of the Down Survey. In the year
1842, the present Earl of St. Grermans was Chief Secretary for Ire-
land, and at his instance and recommendation this curious manuscript
was presented to the Library of Trinity College, Dublin.

At that time the Irish Archseological Society had been recently
formed^ and our invaluable colleague, the Rev. Dr. Todd, as Secretary
to the Society, proposed to the Editor the task he is only now per-
forming.

It is hoped that the active duties of official life, and the almost
total obstruction such duties present to the prosecution of more
congenial pursuits, will be admitted as a sufficient apology for the
delay, and those circumstances must be most humbly pleaded in ex-
cuse for the imperfect manner in which the work has been even now
performed.

It is scarcely necessaiy to say, that the Notes which have been
appended to the narrative, short as they are, are confined to the elu-
cidation of the narrative itself, and do not extend to the more general
subject of the distribution of lands. Sir William Petty himself felt

ha that

( iv )

that a separate treatise was required for the account of that work, and
it is greatly to be regretted that he did not carry out his intention of
writing one. The Notes to such a work would necessarily extend
to the Acts of Settlement and Explanation, involving the history
of the country, and indeed, to some extent, of the families settled in
it, at that period. Such a work, however, with a similar account of
the contemporary removals from the other provinces into Connaught,
and the manner in which they were conducted, would be a valuable
addition to the general, as well as local history of Ireland.

The Editor lost no time in addressing the Marquis of Lansdowne,
as well for his Lordship's concurrence in the publication of the vo-
lume, as with a view to ascertaining whether any copy still remained
among the family papers. That distinguished nobleman, with his usual
frankness and liberality, not only searched for the desired treasure,
but intrusted it to the Editor, and sent it to Dublin, where the two
copies were carefully collated and compared.

Subsequently the Editor was informed that a third copy of the
manuscript was in the Library of the King's Inns, in Dublin, which
was carefully read over and compared, word by word, with the others,
and the differences noted. It is not known to the Librarian how the
work came into the possession of the Benchers ; but its agreement
with the Lansdowne copy in the words or phrases in which that copy
differs from the College copy, are sufficient to show it to have been
taken from the former. The writing and paper are much more modem
than either of the others, probably not earlier than the middle or close
of the last century. It was therefore, perhaps, transcribed from the
family copy, with Lord Shelbume's permission, while that nobleman
resided in Dublin.

The differences between the three are wholly unimportant, con-
fined chiefly to the spelling of words, with, in the King's Inns copy, the

omission

( V )

omission or transposition of a few occasional paragraphs, from care-
lessness of the transcriber. The Lansdowne and College copies are,
apparently, of the same date, and both bear corrections which appear
to be by Sir William Petty himself. The discrepancies, however,
between these two are such as would appear to show that neither of
them is copied from the other, nor has any common original been
discovered. Perhaps, if a conjecture on a subject not very important
may be hazarded, it is not improbable that the narrative part of both
may be written from short-hand, taken down by dictation from the
author. Stenography is known to have been common at that time ;
witness the Diary of Pepys, of which the short-hand original remains
in the Library of Magdalen College, Cambridge ; and the following
memorandum, which occurs in a volume of Petty manuscripts, now
in the possession of Messrs. Hodges and Smith, of Grafton-street, shows
such to have been the practice of Dr. Petty :

" His way was to retire early to his lodgings^ where his supper
was only an handfull of raisins and a piece of bread. He would bid
one of his clarks, who wrote a fair hand, go to sleep ; and while he
eat his raisins and walked about, he would dictate to the other dark,
who was a ready man at short-hand. When this was fitted to his
mind, the other was roused, and set to work, and he went to bed, so
that next morning all was ready.''

This paragraph is among many other curious notices of his habits,
in explanation of the manner in which he was able to accomplish the
duties of his office, as Clerk of the Council, in addition to his many
other duties, as Commissioner of Distribution, Secretary to the Lord
Lieutenant, Physician to the Forces, &c. But in regard to our manu-
scripts, it allows us to suppose that the slight differences are merely
such as different clerks might make in transcribing from such an ori-
^al ; as in the works published by Sir William during his life, the

words

( vi )

words are, with few exceptions, written as they would be at the pre-
sent day. It has not been thought desirable, however, on this account,
to depart from the manuscripts themselves. The College copy has
been chiefly followed, and the Lansdowne manuscript resorted to
when it removed obscurities.

In regard to the date at which the work itself was written, it is
only to be observed, that the narrative terminates in July, 1659. At
page 81, the author speaks of October, 1659, as past, and in the same
page writes, incidentally : " A great part of the army, at least the
most complaining part, had their land anno 1 655, the rest receiving
theirs anno 1656, since which there have been three Parliaments."
We know that the Parliament which was assembled in 1656 was dis-
solved, in 1658, by the death of the first Protector. Richard Crom-
well's Parliament, in which I>r. Petty sat for West Looe, met in
January, 1 659, and was dissolved in April of the same year. The
remnant of the Long Parliament was called together in the following
month, interrupted by Lambert in October (which may have been
considered as completing a session), assembled again in December,
and in March, 1660, dissolved itself, after issuing writs for the Con-
vention Parliament, which met on the 25th April, 1660, and restored
the King.

This would fix the date of our history towards the end of 1659,
or beginning of the following year, which is confirmed by many parts
of the narrative, as well as by other works of the author.

Thus, in the volume called ^^ Reflections upon some Persons and
Things in Ireland," which was probably written very shortly after-
wards, he speaks of the change of government : " My adversaries
having thrown down the government, laws, and governor under which
I acted, may oppress me too." This would seem to refer to the de-
struction of the Protectorate by the army, not to the restoration of

the

< vii )

the monarchy. Again, in the present work, as well as in the '^ Reflec-
tions," he always speaks of Henry Cromwell, for whom he appears to
have entertained a sincere respect and esteem, in the past tense, but
bad not yet arrived at the time when, in some of his later writings,
he adopts the phraseology of the monarchy, and calls Oliver " the
Usurper."

He had, therefore, only reached his thirty-sixth year (having been
bom in 1623), an age at which it is the lot of few men to record the
successful accomplishment of so great a work, and the performance
of such multifarious and comphcated duties.

In regard to the designations Civill Survey and Grosse Survey,
which occur so frequendy, and Down Survey, which more especially
has been a subject of conjecture, it will be seen by this work that
the Civill Survey was the terrier or list of forfeited lands, prepared
under the commissioners appointed by the commission of i st June,
and Act of 26th September, 1653. The Grosse Survey was the
designation by which the surveys ordered by the commission above
quoted are referred to in the Act. It is, therefore, the name given by
Dr. Petty to the surveys made under that Act by his predecessor
Mr. Worsley, and others, which furnished only the " grosse sur-
roundes" of the lands surveyed ; and the Down Survey was so called
simply to mark its distinction from those former surveys, by its topo-
graphic details being all laid down by admeasurement on maps.
This is well expressed in the letter from Mr. Weale, already quoted,
in which he says : ^^ Childish as the etymon has always sounded in
my ears, I am obliged to admit that the Survey obtained its name
solely from the continued repetition of the expressions, ' by the sur-
vey laid down,' * laid down by admeasurement,' in contra-distinction
to Worsle/s surveys, the word Down being so written as often as it
occurs in the MS."

It must be admitted that the name would have equally applied to

the

( viii )

the Strafford Survey, which it is now clear was also laid down on
maps, but for the sake of contrasting Dr. Petty's work, by some dis-
tinctive cognomen, with the Civil and Grosse Surveys. It was indeed,
so far as relates to the name, only carrying out the instructions given
by the commissioners to the old surveyors, before the Survey was
undertaken as a whole by Dr. Petty, as will be seen by a paper
printed in the Appendix (p. 388), where they are ordered to " sett
dovme'^ certain boimdaries " in a toutch plott." It may also be ob-
served, that the name is still used in Ireland among the country
surveyors of the old school, for any survey laid down on a map, as
distinguished from a mere list of areas, which they also call a survey.

The volume of " Reflections" above alluded to was printed in
London, in 1660, and reprinted in Dublin, in 1790. It contains a
general account of the principal matters connected with the Survey,
and the troubles which it brought upon its author, purporting to
be a correspondence between Dr. Petty and a friend, but obviously
written altogether by the Doctor himself. It is seasoned with a breadth
and drollery which the Doctor intended to avoid in this graver work,
but it may, nevertheless, be read with advantage in connexion with
our present History.

The Act of Parliament of 26th September, 1653, and the Ordinance,
Commission, and Instructions connected with it, in virtue of which the
Survey was made, are so frequently referred to in the History, and
are so essential to a good understanding of it, that it has been thought
desirable to print them in the Appendix. They occur in Scobell's
Acts and Ordinances, published by authority, under the Protectorate,
in 1658. The volume is not common, but there is a fine copy in the
Library of Trinity College.

In illustration of the Civil! and Grosse Surveys, a copy is also
given of two of the Orders and Instructions of the Commissioners
Fleetwood, Corbet, and Jones, from many which are still preserved

among

( i^ )

among the papers of the old Surveyor-General's office, in the Record
Branch of the Office of the Paymaster of Civil Services in Ireland.
Also, from the same valuable depository, an example of the descrip-
tive part of each of those works, and of the Strafford Survey, from a
rare volume of MS. Collectanea, preserved and arranged by the zeal
and care of the present keeper of those records, W. H. Hardinge,Esq. ;
and, for comparison with them, a reference-sheet of the Down Survey.
The Maps of that work are too well known to render any illustration
of them necessary. It is known, also, how extensively they suffered from
the fire which destroyed the Council Office, and Surveyor-General's
office, in 1711, when the greater part of the contents of those deposi-
tories were consumed or lost. Their present condition, and the ex-
tent to which they were preserved from the conflagration, with the
restoration of the barony maps, by copies made by General VaUancey,
are fuUy detailed in the Supplement to the Third Report of the Irish
Record Commissioners. Since these documents have been placed
in their present location in the Custom House, several additional
manuscript volumes, and fragments of maps and papers, have been
collected and arranged by Mr. Hardinge ; so that all which now re-
mains of the great work of Dr. Petty is easily accessible, and, being
in an insulated stone building, is practically secure from similar acci-
dent for the future.

In the Appendix it has also been thought desirable to print copies
from several papers relating to the Survey, subsequently to the Resto-
ration, which occur, with many others of the same date, in a series of
manuscript volumes in the Record Tower of Dublin Castle, under
the care of Sir William Betham. These volumes are described by
Mr. Groves, in the Appendix to the Fifteenth Annual Report of the
Irish Record Commissioners.

In the College copy of this manuscript there is a memorandum,

in the handwriting of Mr. Weale, detailing the contents of the volume,

iBisH ABCH. see. c and

( X )

and other circumstances and conjectures connected with it; and one
also by Mr. Hardinge, both of which, as they give authenticity to the
voliune, are appended to these remarks.

To this Preface is also appended, as introductory to the larger
history, a paper called " A briefe Account of the most materiall Pas-
sages relating to the Survey managed by Doctor Petty in Ireland :
anno 1655, ^^S^-" This is from a manuscript volume in the Pay-
master of Civil Services' Office, which contains numerous valuable
papers. Some of them appear to be autograph, and some are of a
private nature ; one of these, containing instructions to his agent in
Kerry, is printed in the Appendix, as evincing the watchfulness with
which Sir William regarded his Irish property.

A work called " A Briefe of Proceedings between Sir Jerome
Sankey and the Author, by Sir W. Petty," is mentioned by Watts as
published in London, in 1 660 ; but, after much search, the Editor
has been unable to discover any copy of it. It is probably a con-
densed view, similar to the manuscript mentioned above, but relating
to the proceedings detailed in the concluding chapters of this work,
as that does to the Survey itself, and may have been put forth by
Dr. Petty for his immediate justification at the time.

The Editor has now to perform the agreeable duty of acknow-
ledging his obligations to all who have furnished him with informa-
tion in the course of this work ; more especially to his friends, the
Rev. Dr. Todd, and Dr. Aquilla Smith, on whose kind advice and
assistance he has been allowed on all occasions to rely, a privilege
of which he has largely availed himself; also to Sir William Betham;
and to W. H, Hardinge, Esq., the zealous keeper of the valuable
papers accumulated in the Record Branch of the Paymaster of Civil
Services' Office ; from both of whom he has received every facility and
assistance in consulting the muniments committed to their charge.

DOCUMENTS

( ^ )

DOCUMENTS REFERRED TO IN THE FOREGOING.

Memorandum by Mb. Wbalb, an Si& William Pbttt's History of the Dawn Survey

of Irdand,

This is imquestioiiably a very valoAble maniiBcript, and contains an historical rela-
tion of proceedings taken towards carrying into effect the Act passed in the Parliament
of the Commonwealth of England, in 1653, for the Survey and Distribution of the
Forfeited Lands in Ireland, drawn up by Sir William Petty himself, in vindication of
bis conduct in the business, and in answer to the charges brought against him by
Sir Jerome Sankey and others.

I bought it at the sale, at Christie's, of the Southwell Collections at King's Wes-
ton, after the death of Lord De Clifford, whose ancestor, Sir Robert Southwell,
Secretary of State, temp. James IL and William IIL, was the most intimate friend of
Sir William Petty. It bears the autograph of Sir Bobert on the fly-leaf, and some of
the marginal notes are certainly in the handwriting of Sir William ; but although
the character of the manuscript, generally, strongly resembles that of some early auto-
graph manuscripts of Sir William, I doubt whether he would have spared the time
required to make a fair transcript of so bulky a composition, however laborious he
was at the period of its compilation. I incline, therefore, to think, that the manuscript
is the work of some clerk in his employment, whose handwriting had been formed on
the model of his own, and that it is the fair copy prepared for the Press.

It is distinctly mentioned in his publication, entitled *^ Reflections upon some
Persons and Things in Ireland," &c., printed at London, 1660, in 8vo., as one of the
works he had then in hand, relating to the forfeitures in 1641 ; and among the original
correspondence between Sir William Petty and the Southwells, which was disposed
of at Uie same sale, I found several of Sir William's and Sir Robert's letters, in which
it was also referred to. See also Thorpe's Sale Catalogues of the Southwell Manu-
scripts, purchased by him at the same auction.

Whether the original draft of the manuscript, or any other copy of it, be in ex-

c 2 istenoe.

( 3di )

istenoe, moat always remain doubtful ; but, after much research and inquiry, I have
not discovered any eyidence or notice indicating that another had been made, or was
known to be extant If there be another copy or fragment, either in the autograph
of Sir William, or a transcript by some other hand, it b most likely to be found in
the Marquis of Lansdowne^s collections of Sir William's papers and muniments of
title to the property he inherits from him.

As to the intrinsic value of the manuscript, independently of all personal matter
in vindication of his own conduct, or in crimination of the parties opposed to him, it
contains numerous official documents, relating to the several surveys of Irish forfeited
estates, made under the direction of the Earl of Strafford, when Lord Deputy of Ire-
land in the reign of King Charles L, as well as those called the Grosse and Givill Sur-
veys, and Sir William's own Survey, called the Down Survey, made in pursuance of
the Act of 1653, and according to which last-mentioned Survey upwards of eight
million acres of land were assigned and distributed under the provisions of the Acts of
Settlement and Explanation, temp. Charles XL, which constitute the foundation of
more than half the present titles to property in Ireland.

The transcripts of those documents contained in the volume are, I have some rea-
son to believe, the only existing record of all or the greater part of them, for it is
belie:ved that the original office-books, which contained entries of the Proceedings,
were all destroyed by the fire at the Council Office, in Dublin, which occurred in 1 7 1 1 ;
and after the numerous researches I have had occasion to make, during the last ten
years, among all the records and muniments preserved in the public offices in Dublin,
relsting to the forfeited estates, and likewise among private collections, I have never
alighted upon any of the originals, or copies of any of them.

For these reasons, great care should be taken for the preservation of this volume,
and which I would myself deposit in the New Record Office at Dublin, if in justice to
my family I could afford to sacrifice to public use the money it ought to produce to
them by a sale of it.

This volume, and the folio volume in MS. relating to the Irish Forfeitures of
1689, and the voluihe of printed Proclamations, published in Ireland during the reign
of James II., are beyond all estimate the most valuable articles in my collections.

(Signed)
York BuiLDOioa, Lohdok, Jahbs Weale.

April z6, 1837.

Memorakdum

( xiii )

Memobakdum by Mb. Hardinob.

I BBLnvE the whole of the above aoooxint to be correct, and that the originals of the
books described are not in existence. If they are, they should be found amongst the
Parliamentary Becords in the charge of Sir William Betham, at the Record Tower.

The volumes would be very useful, in conjtmction with the 1688 forfeited records,
in the custody of the Paymaster of Civil Services.

(Signed)
RaooBD OmcB, Cdbtom House, W. H. Hardinqb.

AforcA 18, 1 841.

A bbibfb Accompt of the most materiaU Passages reloHnge to the Survey managed hy

DocTOB Pbttt in Ireland^ anno 1655 and i6$6\

Babbontbs in Irland are of various extents, viz\, some but 8000 acres, and some
160,000 acres.

The first survey or old measurement was performed by measuringe whole baronyes
in one surround, or perimeter, and payinge for the same after the rate of 40* for every
thousand acres contayned within such surround; whereby it followed that the sul>
veyors were most unequally rewarded for the same worke, viz^., he that measured the
barrony of 160,000 acres did gaine neere five tymes as much per diem as he that
Bieasured that of 8000 acres. Besides, wheras 40* were given for measuringe 1000
acres, in that way 5' was too much, that is to say, at 5' per 1000 a surveyor might
have earned above 20" per diem cleare, wheras 10' is esteemed, especially in long em-
ployments, a competent allowance.

The error of this way beinge discerned, the same undertakers order, that instead
of measuringe entire baronyes as before, that scopes of forfeited profitable lands should
bee measured under one surround, bee the same great or snudl, or wheather such
scopes consisted of many or few ffarme lands, townelands, ploughlands, or other de-
nominations usuall in each respective county or barrony. And for this kind of worke
the surveyor was to have 45' for every thousand acres, abatinge proportionably for
such paroells, either of unprofitable or unforfeited land as should happen to be sur-
rounded within any greater scope. Now this latter way, besides the inconveniencyes
above mentioned, laboured with this other and greater, viz^, that by how much the
measurer's paynes and worke was greater, by soe much his wages and allowance was

* From a maniiacript in th« Beoord Branch of th« OiBoe of the Paymaitor of QvU Servioet in Ireland.

( xiv )

lesse, soe as noe survejor could foresee wheather hee should be able to perfonne his
spective undertakinge at the rate above said, or that hee should not gaine exorbitantlj
by it.

Hereupon D' Petty propounded that the whole land should be measured both ao-
cordinge to its civill bounds, viz., by barronyes, parishes, townelands, ploughlands,
balliboes, &c^ and alsoe by its naturall boundings by rivers, ridges of mountaines,
rockes, loughes, boggs, &c.; as answeringe not onely the very ends of satisfyinge the
adventurers and souldiers then in view, but all such other future ends whatsoever as
are usually expected from any survey.

The objection was, that the same would not be don under twenty yeares tyme, and
the settlement must be soe longe retarded. It was answered, that security should be
given for performinge the whole in thirteen months, provided the allowance might be
somewhat extraordinary. Hereuppon the army agree to give out of theire owne
purses soe much as should be requisite over and above what the councell were limitted
unto by theire superiours.

This undertakinge extended onely to the provinces of Ulster, Lienster, and
Manster (that of Connaght beinge reserved for the Irish), nor unto all the lands in the
said three provinces, although the same labour and method would have effected the
whole, and more, as well as what was.

Now the method and order used by the said Petty in this vast worke was as fol-
loweth, viz. :

Whereas surveyors of land are commonly persons of gentile and liberall education,
and theire practise esteemed a mistery and intricate matter, farr exceedinge the moat
parte of mechanicall trades, and withall, the makeinge of theire instruments is a matter
of much art and nicety, if performed with that truth and beauty as is usuall and re-
quisite. The said Petty, oonsideringe the vastnesse of the worke, thought of dividinge
both the art of makeinge instruments, as alsoe that of usinge them into many partes,
viz\, one man made onely measuringe chaines, viz^, a wire maker; another magne-
ticall needles, with theire pins, viz\, a watchmaker; another turned the boxes out of
wood, and the heads of the stands on which the instrument playes, viz\, a tumor;
another, the stands or leggs, a pipe maker; another all the brasse worke, viz\, a
founder; another workman, of a more versatile head and hand, touches the needles,
adjusts the sights and cards, and adaptates every peece to each other.

In the meane tyme scales, protractors, and compasse-cards, beinge matters of ac-
curate division, are prepared by the ablest artists of London.

Whether alsoe was sent for, a magazin of royall paper, mouth-glew, colours, pen-
cills, &c. At the same tyme, a perfect forme of a ffeeild booke haveinge bin first

concluded

( 2CV )

oondiided on, uniforme bookes for all the surveyors were ruled and fitted accordinge
to ity and moreover large sheetes of paper, of perhaps five or six fibote square, were
glewed together, and divided throughout into areas of ten acres each, accordinge to a
scale of forty Irish perches to an inch, and other single sheets (by a particular way of
printinge dry, in order to prevent the uncertaynties of shrinkinge in the paper) were
lined out into single acres.

Dureinge the same tyme, alsoe, portable tables, boxes, rulers, and all other neces-
aaryes, as alsoe small Ffrench tents, were provided to enable the measurers to doe any
buissnesse without house or harbour, it beinge expected that into such wasted
ooontryes they must at some tymes coma

Dureinge the same tyme, alsoe, bookes were preparinge of all the lands' names to be
measured, and of theire ould propreitors, and guesse-plotts made of most of them,
whereby not onely to direct the measurers where to beginne, and how to proceed, &&,
but alsoe to enable Petty himselfe how to apportion unto each measurer such scope of
land to worke uppon, as hee might be able to finish within any assigned tyme.

At the same tyme care was taken to know who were the ablest in each barrony
and parish to shew the true bounds and meares of every denomination, what conve-
nient quarters and harbors there were in each, and what garrisons did everywhere
lye most conveniently for theire defence, and to fiimish them with guards, and with
all who were men of creditt and trade in each quarter, fitt to correspond with for
furnishinge mony by bills of exchange and otherwise; and, lastly, who were men of
sobriety and good affection, to have an eye privatly over the carriage and diligence of
each surveyor in his respective undertakinge.

Another person is appoynted to soUicite under ofiices for mony, and to receive it
from severall publique and private persons* uppon whome each summe was assigned
by the publique Treasurer. The same alsoe paid bills upon stated accompts, drew
bills of exchange into the country, &c., as alsoe attended the course of coynes, which
often rose and fell in that time; and was to beware of adulterate and light peeces, then
and there very rife.

But the principall division of this whole worke was to enable certajrne persons,
such as were able to endure travaile, ill lodginge and dyett, as alsoe heates and colds,
beinge alsoe men of activitie* that could leape hedge and ditch, and could alsoe rufik
with the severall rude persons in the country, from whome they might expect to be
often crossed and opposed. (The which qualifications happend to be found among
severall of the ordinary shouldiers, many of whom, havinge bin bread to trades, could
write and read sufficiently for the purposes intended.) Such, therefore (if they were
but headfttU and steddy minded, though not of the nimblest witts), were taught, while

the

( xvi )

the other things aforementioned were in doinge, how to make use of their instruments,
in order to take the bearinge of any line, and alsoe how to handle the chaines, espe-
cially in the case of risinge or fallinge grounds; as alsoe how to make severall markes
with a spade, whereby to distinguish the various breakings and abutments which
they were to take notice of ; and to choose the most convenient stations or place for
observations, as well in order to dispach as certaynty. And lastly, they were in*
structed, per autopsiam, how to judge of the valines of lands, in reference to its beare
qualities, and accordinge to the rules and opinions then currant, to distinguish the
profitable from such as was to be thrown in over and above, and not paid for at alL
Another sort of men, especially such as had beene of trades into which payntinge,
drawinge, or any other kind of designinge is necessary, were instructed in the art of
protractinge, that is, in drawinge a modell or plott of Ihe lands admeasured, accord-
inge to a scale of 40 perches to the inch, accordinge to the length and bearinge of euery
side transmitted vnto the said protractors in the ffeild bookes of the measurers last
above described; the which protractions were made uppon the papers aforementioned,
which were squared out into areas, some of 10, some of single acres. These men, and
sometimes others of smaller abilities, were employed to count how many of the said
greater or lesser intire areas were comprehended within every surround.

And withall unto how many inteire acres the broken skirtinge reduced from deci-
mall parts did amount unto, which worke was soe very easie, that it was as hard to
mistake, as easie to. discover and amend it, and infinitly more obvious to examination
and free from error, then the usuall way of reduceinge the whole surround into trian-
gles was, and deducing the content from laborious prostapheresis of them. The next
worke was reducinge barrony plotts, which, accordinge to the scale of 40 perches to
the inch, were somtymes 8 or 10 foot square, or thereaboutes, within the compasse of
a sheet of a royal paper, whether the scale happened to be greater or less, soe as all
the barrony plotts, being reduced to one size, might be bound up togeather into uni-
forme bookes, accordinge to the countyes or provinces unto which they did bdonge.
These reducements were made by paralelagrames, of which were made greater num-
bers, greater variety, and in larger dimensions, then perhaps was ever yet scene upon
any other occasion. Some hands that were imployed in the said reducements did, for
the most parte, performe the colouringe and other ornament of the worke.

Over and above all these, a few of the most nasute and sagacious persons, such as
were well skilled in all the partes, practices, and frauds, appartayninge unto this
worke, or whereunto it was obnoxious, did in the first place view the measurers
ffeild bookes, and there by the same critickes as artists disceme originalls from cop-
pyes in paintinge, and truely antique medalls from such as are counterfeit, did en-
devour

( xvii )

devour to discover any falsification that might be prejudicial! to the serrice. The
same men alsoe reprotracted the protractions above mentioned, compared the comon
lines of severall men's worke, examined wheather any of the grounds given in
charge to be admeasured were omitted; and, lastly, did cast up all and every the
measurers workes into linary contents, accordinge to which the said Petty paid his
workmen, although he himselfe were pud by the superficial! content, or number of
acres, which the respective admeasurements did conteyne; the which course of pay-
ment he tooke to take away all byas from his under measurers to retume unprofitable
for profitable, or vice versa, he himselfe haveinge engaged, in an ensnaringe contract,
begetinge suspicions of those evills against him, in as much as he was pud more for
profitable then unprofitable land; for some parcells of unprofitable receveinge nothinge
at alL Ffor this end he paicT his under-surveyors by the lineary content of theire
worke as aforesaid, though some suspect he rather did it to obscure his gaines, as well
from those that employed him as those others whome himselfe employed, and withall,
by removeinge the old surveyors from of theire old principles, and confoundinge them
with new, to make them more amenable to his purposes. The quantitie of line which
was measured by the chaine and needle beinge reduced into English miles was enough
to have encompassed the world neere five tymes about.

There doe remaine of this worke, as large mapps as a sheet of royail paper will
conteyne, of every parish distinctly, by as large a scale as such sheets of paper will
contayne, and other mapps of the same size for every barrony.

These are fairely bound up in large bookes, according to their countyes, and the
bookes kept in a cabinett of the most ezquisit joyner*s worke, made for the purpose,
of 60** valua Mapps of each county and province, as alsoe of the whole island, wil
be published in print, according to the severall ancient and modeme divisions of the
same, which have often changed by reason of the often change of proprietyes, occa-
sioned by the often rebellions and revolutions there.

IRISH ARCH. 800.

CONTENTS.

El

PBEFATORY REMABKS.

iDITOK*S PrefMe, i

lieniocaiidiim bj Mr. Weale, xi

Hemonndiim by Mr. Hardinge, xii

A Biiefe Aooompt of the most material PaaMgai relatiiig to the Survey managed by Dr. Petty in Ire-
land, anno 1655 and 1656, xiii

HISTORY OF THE SURVEY.
CHAPTER L

Dr. PMty amTes in Ireland as Physician to the Foroes. — ^Proceeds to refonn that department—ObserveB
the defectiTe manner in which the Surveys of Forfeited Lands then in progress are canied on, . i

CHAPTER II.

Notioe of the mode of Survey, and Instmctions then recently given for its amendment, which Dr. Petty
thinks also deliBctive. — Proposes a better mode, which is referred to a Committee for consideration.
— ^The Committee recommend that Dr. Patty's proposal be adopted, and a contract made with him
for surveying all the Forfeited I^mds to be set oat for the payment of the Army, 3

CHAPTER III.

The Surveyor-General, Mr. Worsl^, offers objections to the proposed change, to which Dr. Petty re-
plies, 16

CHAPTER IV.

The Surv e yors already employed present a remonstrance against Dr. Patty's proposals, in which th^
an s u pported by Mr. Woreley, who especially objects to the employment of Soldiers and Papists. —
Mr. Worsley proposes that all persons to be employed be previondy examined by Urn. — ^Dr. Betty
objects. — ^The Lord Deputy and Council order the Attorney-General and others to consider of

d2 ^

( ^ )

PAGE.

the neoeoazy arddes and agreement with Dr. Petty, which is done, and a formal contract entered
into on the nth of December, 1654, between the Snrveyor-General, on the part of the State,
and Dr. Petty, fur the Survey and admeafiorement of the Army portion of the Forfeited Lands in
IreUmd, profitable and unprofitable, at certain rates of payment — ^The Survey to be completed in
thirteen months from that date, allowing one jeta more for complaints or appeals against it — A
Committee of Officers also agrees, on the part of the Army, to pay to Dr. Petty one penny an acre
additional for all the profitable land surveyed and set out to them, 18

CHAPTEB V.

Mr. Worsley dismisses the former Surveyors. — ^Dr. Petty completes his securities. — Mr. Worsky
issues instructions to Dr. Petty as to the Books of Beference which will be required. — Orders and
warrants are issued by the Council for the necessary supply of men to show the meares, for abstracts
or lists of the lands to be surveyed, for access to existing Records and Surveys, and a Committee
of Officers is appointed to condder the best mode of making the subdivision of the lands among the
Soldiers and others to whom it is to be granted. — ^A separate agreement, relating to the Survey, be-
tween Dr. Petty and Sir Hardress Waller, described and explained, 31

CHAPTER VL

While the arrangements for the subdivision are under consideration. Dr. Petty begins the Survey in
the neighbourhood of Dublin, and finds cases not contemplated in his contract — New arrangements
are proposed, but not serioody, and ultimately a Committee of Officers is appohited by the Council
for the determination of casual doubts and difficulties. — In consideration of these delays, the thir^
teen months for completion of the Survey, from the date of the contract, is extended to thirteen
months from that date, viz., ist February, 1655, 42

CHAPTER VIL

These delays being removed, Dr. Petty prepares a Code of Instructions for his Surveyors and Artists, in
the field and in the office, and commences his operations ; but as the arrangements for subdivision
and distribution, which had been intrusted to the Committee of Officers, were still uncertain and
incomplete, the Doctor is unable to do more than proceed with the admeasurement only, .... 46

CHAPTER VIIL

Examination of the Strafibrd Surv^ of Tipperary, with a view to its adoption, if found sufficient.^.
Report upon tlie same, and description of the documents of which it consisted. — ^Dr. Petty ulti-
mately resolves to add to and amend it, and employs Dr. Patrick Raggett for that purpose, ... 54

CHAPTER IX

The Survey being now in full progress, arrangements for the subdivision become indispensable, and as
there is reason to suppose there would not be land enough to satisfy the full debt, it is agreed to
satisfy two-thirds of each claim in the first instancc^Proceedings of Council of Agents. — Petitions

to

( xxi )

PACK.

to the GomicO, ind dedaioiis thereoiL— 49nb0cription for the WaldaoMB. — Claims of Widowf. —
Bents of Forfeited Lsnds set aside for the benefit of the AnnjtUl final sabdivision ehonld be made;
— ^AU hope of admeasuring and sabdividing at the same time given np—- Complaints that vn-
profitable land was set oat as profitable, 63

CHAPTER X.

Dr. Petty shows the gromidleasnen of the oomplahit set forth in the last Chiq;yter.«-Lord Deputy and
Coondl weaiy of complaints snd applications. — Ofibr all the Lands secured to the Army, for dis-
tribation according to the Sorvey by Dr. Petty, by trustees of their own, of whom Dr. Petty is
named by them as one. — Original ordinance of the Protector for distribution by lots, and enrol-
ments of title.— Council of Agents. — ^Narrative of Lewis Smith, in regard to the distinction between
profitable and unprofitable lands in Keny. — Dr. Petty's inferences from Uie above, 80

CHAPTEB XI.

The BvoTYBy drawing to a dose. Dr. Petty proposes that proper arrangements be made ibr its examina*
tion, proposing to annex sufficient certificate under his hand* — Beferred by the Council to a Com-
mittee, who report fiivourably of the perfonnanoe of the work. — Submitted ibr examination to the
Surveyor-Genera], who alleges certain defiocts and omissionSi — Dr. Petty replies to the same, and
embodies his i^Ucations into heads, viz. : that the Survey be accepted, that his secnrities be re-
leased, that his payment be not delayed for the subdivision of the lands to the anny, and that a
portion of his repayment to the old Surveyors be remitted^^-BeflBrenoe of these applications. — Be-
ports thereon. — ^Tsbnlar statement and reports by the Surveyor-General, Auditor-General, and
Beoeiver-Genera], of the extent and nature of the lands surveyed, and the smns due to Dr. Petty
for the same, 103

CHAPTEB XIL

Mode of payment, by advances from time to time during the progress of the work.»-Dednction from
the pay of the Army of the penny an acre. — Difficulty of making the ssme in certain cases.-^
Amount of sum so due to Dr. Petty and to the State. — ^The whole of such debt made over to
Dr. Petty. — Ultimate declaration of the balance on the dose of the undertaking, « 157

CHAPTEB XIIL

A year having elapsed since the completion of the Surv^, Dr. Petty applies to the Council to give
back the contract and release his securities. — Application referred to the Attorney-General, who
recommends that the Doctor be discharged from his contract and bond. — Council wish to delay,
but on the remonstrance of the Doctor, supported by the Committee of Officers, order that the
eoatnet be given up and the bond cancelled, which is accordingly done, the Maps, Plots, and
BooksofBeferenee having been previously delivered over to the office of the Surveyor-General, . 166

CHAPTEB XIV.

Arrangments for the distribution of the lands. — New warrant for the same.— Aceomit of former pro-
ceedings in that matter, and present proceedings on a more general snd comprehensive system.—

Communications

( xxii )

PAGE.

Commnniwitiomi and qnarifls to the Council on doabtftil points-^OommittM of Agmts. — ^Rnles
and agreeaMBtt made l7tluni..^DeciBionsof th« Gounflil on pointa anbmitted fbr their oonndera-
tioD. — ^Vazation and anaoyaaca anataimd by Dr. Petty fttm vnlbimded oomplainti and diaoontent, 184

CHAPTER XV.

Dr. Petty, when the whole Army waa aatisfied, bagina to pnrehaae land, and obtaina the aanction of
the Coandl required by the Act ; alao obtaina authority for the payment In land of the debt doe
to him by the Army, and petmiaiion to redeem landa mortgaged for more than their value ; all to
be in auch plaoea aa ha ahoold adect — ^Landa eet out to him In Tariooa plaoea aooordingly, ... an

»

CHAPTER XVL

Dr. Petty aent to London to oonfor with the Committee of Adyentnrera, with Inatruetiona and a letter
of oredentlala tnm the Lord Lieutenant and CoundL — ^Flnda himaelf preceded by an anonymooa
letter tending to hia dfacrediL — Sooceeda, nevertheleaa, in couTindngthe Committee of the equity
of the propoaitlona in which he waa inatructed to obtain their concurrence. — Committee divided in
opinion on certain pointa. — ^Legal opiniona on both ddea. — Committee ultimately admit the validity
of the Survey of their landa performed by Dr. Petty and Mr. Woraley, and dedre they may be set
out by aimilar arrangementa to thoae obeerved in the landa of the Army. — Requeat tliat Dr. Petty
may trmnaaet the bnalneaa aa well on the part of the Council aa on thdr part — Another anony-
mona letter leaned in Dublin during hia abaeneOi — Retuna to Dublin, 227

CHAPTER XVIL

The Doctor's adversaries attive in Dublin during hia abaence, spread injurious and fidse reporta.—
Anonymoua letter conveyed to the Lord Lieutenant, and referred by him to a body of Officers, who
appoint a Committee of aeven. — Committee meet, and desbe the preparation of certain books,
alterwaida dropped. — Dr. Petty makea a atatement of the debta and daims already satisfied, and of
such aa he considera still due to him ; aasented to by the minority of the Committee ; diasentienta
present a remonstrance, which Dr. Petty answers, with a full statement of hia case, the extent of
his landa, and their coat to him in mon^, showing a conriderable balance in hia fiivour, .... 257

CHAPTER XVIIL

While the piooeedings of the laat Chapter hi progreaa in DaUin, a oomplaint againat Dr. Petty made
to the ParUamoit In London, by Sir Jerome Sankey. — Dr. Petty called to London, and takea Ua
seat in Parliament, to meet it— Dr. Petty'a defence, and Sir Jerome's r«ply.^Parliam«nt die-
solved. — ^New Parliament assembled. — Complaints again brought forward by Sir Jerome Sankey
aa artldea of impeadiment, exhibited against Dr. Petty, which, by order of the Parliament, are
refemd for hearing to the Commiadonera fbr managing the Government in Ireland 289

APPENDIX.

( xxiii )

APPENDIX.

PAOB.

L An Act for the SatisfiMtioa of the AdTentaren for Lands in Ireland, and of the Arrears doe
to the Soldieiy there^ and of other Publiqne Debts ; passed September a6, 1653, cap. x a ;

oonflrmed, 1656 ; cap* 10, 1-86

IL The Order of the Coondl of State confirmed by this Act, 87-^8

IIL The Commission confirmed by this Act, 99*'^

IV. The Instnctions confirmed by this Act, 110-154

Y. The farther Instmctions confirmed by this Act, >55*-i7^

TL The Commission and Instructions to Henry Waddington and others, for soryqring of lands
in the county of Kilkenny, by the Commissioners Fleetwood, Corbet, and Jones, under

the above Act of September a6, 1653 ; dated at Dublin, June a, 1654, 177-304

Yn. Instructions to be observed by Mr. Thomas Jackson, appointed Surveyor for the barronies
of Clanwilliam, Kilmallock, Small County, Ownybegg, Coshma, Coetleane, and Citty
and Libertyes of Lymeiick, in the county of limerick, in his surveying and admea-
surdng the said barronies, and in making his return of the same ; by the said commis-

skmen; dated June la, 1654, a05-ax6

Yin. The Oath given to the Survqrors employed by Dr. Petty, 317, ai8

IX. An Order of the Committee for Obstructions in Surveys to meet, touching dvHl Survey ;

signed, Thomas Herbert and Charles Coote ; February la, 1654, 2x9, aao

X. An Order as to the settling of Troopes on the Lands aUotted to them ; signed, Thomas

Herbert and Charles Coote ; September 8, 1655, aai-aa9

XL An Order to Benjamin Worsky, Surveyor-General, and Dr. William Petty, for the sur-
vey of the Adventurers' moiety of the Forfiaited Lands, and such other lands as are not
yet admeasured ; signed, Thomas Herbert and Charles Coote; September 3, 1656, . 330-343
XIL Specimen Sheets of the Strafibrd Survey, the QviU Survey, and the Qroas Survey, also a

RefSerence Sheet of the Down Survey, 344^348

Xm. ICnute of a meeting of the Committee of Irish Affidres, the 38th Januaiy, 1661, . . . 349, 350
XIY. Petition from Sir William Pettie to the King, for reimbursement, fbr his most paineful
servioes and many sufierings, out of a sum to be raised by the soldiers* consent upon

their lands, for the discharge of former engagements, 351-354

XY. Petition from Sir \^lliam Petty to the Bang, concerning a penny an acre agreed to be
given to him for admeasuring lands of the soldiery, part of which remained unpaid ;
stating also that he hath been at many hundred pounds charge, and several yeares*
labour in composing a most exact Map of the Kingdom of Ireland, which is yet im-
perfect for want of encouragement ; also reference of same by His Hijesty to the Duke

of OrmoDd and the Committee for Irish Afiidres ; Octoberi4, 1664, 255-258

XYL Petition from Sir William Pettie to the King, to put an end to his many years' troubles
and causeless vexations, by the insertion of a clause in the Act under consideration for
Ireland, extending the remedy for recovering his arrears of admeasurement to all the
Unds admeasured by him, as well as that of the soldiery, with His Hijesty's order for

the same ; July 6, 1665, 259-265

XYIL Inatmctions to Mr. Cheesey by Sir William Pttty, relative to his property hi Kerry, . . 401, 403

HISTORY OF THE SURVEY OF IRELAND.

CHAPTER I.

LIAM PETTY, Doctor in PhjBicke, wHUt he was Pro-
feesor of Anatomy in Oxfoid, and one of the

iriDg to Ire- readers of Gteaham Colledge, was advised to
' ^*' goe into Ireland in the year 1653, when the

rar there was near ended, and many endeavours used to

egulate, replant, and reduce that countrej to its former
tlourishing condition, as a place most wanting such contri-
vances as tended to the above-mentioned ends, and for which the sud IV had
formerly gained some reputation in the world. Major-Generall Lambert, being
at that time designed for the government of Ireland, and a favourer of inge-
nionae and usefuU arts, was pleased to entertaine the sud D' uppon that exspe-
didon ; but his Lordehipp being diverted, and Lieut.-Crenerall Ffleetwood ap-
w«h Uent- pointed to goe in his stead, the said D*, having fixed his thoughts
0«Danl Heel- uppon that designe for Ireland, found acceptance with the Lord
lidui u the''' I^eetwood alsoe, in the quality of physician to the army, the said
*"^- Lieut.-Generall'a person, and family. The said 13" had not been

landed two moneths, but, observing the vast and needless ezspence of medica-
ments, and how the Apothecaiy-Generall of the army, with his three asistaots,
did not spend their time to the best advantage ; did forthwith, to the content of

UU8H ABCH. BOC. B all

( * )

all persons concerned, with the State's bare disbursement of about 120^, save
them five hundred pounds per annum of their former charge, and furnished the
army, hospitalls, garrisons, head quartos, &c., with medicaments, without the

least noise or trouble, reducing that afair to a state of easiness
pnSaro.*" ^ ^^^ plainness, which before was held a mistery , and the vexation

of such as laboured to administer it well. Moreover, the said D'
in the practise of his owne faculty tooke such paines, in all that related to his
said charge, that, in satisfaction of the four or five first yeares of his service, he
ofiered to refimd all he had received by way of salary, soe he might but re-
ceive the lowest usuall allowances in reward for the business he had actually
performed in the way of his calling. There went alsoe into Ireland, at the same

time, and on the same expedition, one Mr. Worsly, who, having
went over the been often frustrated as to his many severall great designes and
same time, undertakings in England, hoped to improve and repaire himselfe

uppon a less knowing and more credulouse people. To this purpose he ex-
changed some dangerouse opinions in religion for others more merchantable in
Ireland, and carries also some magnifieing glasses, through which he shewed,
cMx ^eqmts mediocrea^ his skill in severall arts, soe as at length he got credit

to be imployed in managing the Geometrical Survey of Ireland,
Sn^^or-Ge- which he did in such manner as that, ist, there was paid for ad-
BeraiofiraiAiid. measurements twelve times pro raid more than ever was given

ObservatioiiB • "T , /. t , i

on his way of before ; and such rates as whereby a man, of a moneth s study,
*'"°™*^' might eame neer 10" a day with his owne hands. 2dly. The
manner of admeasurement was such as noe man could examine whether it were
well or ill performed. 3dly. The said admeasurement, though bought at a dear
rate and exactly administred, was, as to its end and use, but a meer vitiation of
the countries estimate, which might be had for nothing, and noe ways corres-
pondent to either of the ways of survey which the then law required. 4thly. The
manner of the admeasurers' payment was such, as by how much more paines
they tooke, by soe much the less wages they had. 5thly. For the administra-
tion thereof, tiiere was neither due tryall of artists or instruments, neither good
instructions before hand, nor examination afterwards. Besides, the bonds taken
for performance were but the pictures of obligations, which, though they are
notoriousely broken, he, the said Mr. Worsly, never knew how to sue. 6thly.
The knacke of paying only for measuring of the profitable land, and yet caus^

ing

( 3 )

ing unprofitable to be admeasured (which the law, for unknowne reasons, re-
quired not), begat infinite jealousies and discontents in the army, soe that the
only true art and excellency which this gentleman expressed in this whole
business, was soe to firame committees of conceited, sciolous persons, intermix-
ing some of credit and bulke amongst them, as whereby he might screene him-
selfe in case of miscarriage, and when things were ill-grounded at home, to put
the finishing and upshot of them into the hands of others a great wayes off; ffor
a short proof of all which, it is knowne, that all the geometrical surveys that
ever passed through his hand have since been done over againe, by the con-
duct of others ; and the charge of what he did, being many thousand pounds,
became as meerly throwne away. The above-mentioned particulars are not
alleadged here to disparage Mr. Worsly, of whom alone the D' may hereafter
write a discourse on purpose, and in another stile more suitable to such a mat-
ter; but really and bona fide what ever hath been hitherto said is but to shew

the reason and introduction of D' Potties undertaking: the like
introdaoed geometricall surveys ; for the said D* having often admonished

hinuelf into the the Said M' Worsly of the above miscarriages in a very friendly

survey iDff. • •

manner, and recommended unto him exact artists, he soe far
scorned the one as meer whimsies, and preferred meer bulks and outsides, such
as would most flatter and admire him, on the other side ; that the said D' did
thereby, and, by the said M' Worsely's contemptious smiles verily believes, that
those seeming miscarriages were not reall, but designes and elaborate contri-
vances for secret reasons of state, rather then the pitifuU effects of pride and
ignorance.

CHAPTER 11.

NOW, in process of time, IK Petty, finding that way of sur-
vey, which the State was uppon, to be a mistake, he soe

the preeent undeceived severall sober and judiciouse persons in the business,

that they, communicating their satis&ction concerning what D*"
Petty offered as a remedy, did procure, from those then in authority, the

following order, viz. :

Ba By

( 4 )

By the Cammimonera of the Cammonweabh of England^ for the Affaxree

of Ireland.
Ordered,

That it be referred to S' Hardress Waller, CoUonell Hewson,

mdeThow^e CoUonell Lawrence, Adjutant-G^nerall Allen, D' Cartret, Lieut.-
survejr may CoUonell Amopp, M' Benjamin Worsely, M' James Standish, Cap-
tioiuly and tain Salt, and Captain Shaw, or any three of them, together with
^^ly be j^r Roberts and D* Petty, forthwith to consider how the business

of surveys may be carryed on with most exspedition, and least
charge to the Commonwealth, and certifie what they thinke fit therein. Dub-
lin, September 8^, 1654. Signed in the name and by the appointment of the

said Commissioners,

Tho. Herbert, Secretary.

Whereuppon was considered the charge, usefullness, and dispatch of the Survey
then allready in hand, grounded uppon and made in pursuance of the follow-
ing report of a Committee of Survey, instituted by the generall councell of the
army, held in April, 1654, and for bettering of another way of survey before
that time propounded by M' Worsly, which the said report doeth mention and
correct.

The Report of the eoid Committee of Survey^ viz.:

The 11*^ of May, 1654.

Report of the Committee By the Committee appointed by the generall councill

of Survey, on which M' ^f oflElcers, to have a view and consideration of such in-

Wonly'fl mstractioiis

were groonded. structions as are to be sent out for the surveying of lands.

To the Right Honourable the Commiesumers of the Commonwealth.

It is humbly shewed.

That the Comittee, having conferred with the Surveyor-Generall, and
viewed certaine instructions prepared by him to be issued to such persons as are
to be imployed in the surveying and admeasuring of land, and considering of
how great import it is (as they humbly conceive), as well to the interest of the
Commonwealth as to that of the army, that the souldiery should, with what
exspedition is possible, be put into possession of their lands ; and how much it
would contribute to that end, and to the facilitating the subdivision among
themselfs, if the quantity of forfeited lands may in each place be ascertained,

and

( 5 )

and that the survey alsoe may not be unnessessarily clogged with any such
instructions as doe not immediately relate to the said forfeited land, they doe,
for these reasons, humbly tender the ensueing proposalls : — First, that to every
of those ten counties which are albeady divided betweene the adventurer and
souldier, and now to be surveyed, two or more surveyors may be forthwith ap-
pointed for the surveying and admeasuring the forfeited lands in each coimty,
which shall lye only in those barronies that are fallen by lot to the soldiery.
2dly. That for the better enquiry and finding out of the said forfeited land in
each county, the said surveyors may have power to sit in such and soe many
parts of the counties as they shall conceive requisite, there to call the inhabi-
tants of the countrey, to summon juries, to keep courts of survey, and to admi-
nister oath to such persons as they shall find necessary, for the better and fuller
information of themselfs of the particulars of each man's estate which is forfeited.
3dly. That, for the better performance and exspedition of the said court of sur-
vey, such instructions may be issued to the Commissioners of Revenue uppon
the place, or other able and knowing men in the countrey, as to your Honors
shall be thought fit, for their asistants of the respective surveyors in the execu-
tion of that part of their commission. That for the better distinguishing and
ascertaining of lands forfeited from lands not forfeited, or from what is at present
excepted from being sett out to the souldry, fibr the better ascertaining and
distinguishing likewise of all lands profitable from barren mountaines, or such
lands as are unprofitable, which are to be cast in, — Its humbly propounded :
Ffirst, that where any estate forfeited lyeth wholly surrounded or meared with
lands not forfeited, or excepted, that there every such estate be surrounded or
admeasured exactly with an instrument by itselfe, whether the said estate be
little or great, or whether it doe consist of more or less number of acres,
adly. That where any forfeited estate is meared partly by lands not forfeited,
and partly by some mountaine, logh, bog, or the like unprofitable land, that
there the said profitable land be surrounded and admeasured by the instrument,
and the said tmprofitable land excluded. 3dly. That where any large parcell
of land forfeited shall lye together in any county, though containing the estate
of severall persons who have forfeited the same, if within the said parcell there
shall not be mixed any barren mountaine, or land unprofitable, nor any church
land, or lands excepted, that in all such cases the said surveyors doe admeasure
with his instrument exactly the outline or bounds of the said parcell, and ac-
cordingly

( 8 )

fitable, all which will apeare by the said agreement hereafter incerted, and the
next following report made in answer to the last mentioned order.

Rq>oTt of the In obedience to your Honours reference of the eighth instant,

Sewdd^ordOT whereby wee are ordered to consider how the business of the sur-
of 8 September, yeys might be carried on with most ezspedition and least charge

to the Commonwealth, wee, having met severall times about the
same, together with many other officers of the army, called in for their assist-
ance and council!, did then peruse and consider as well what hath been formerly
done in this affaire, as what is at present in doeing. And doe finde —

That allthough the way of surrounding each parcell of forfeited lands, with
deduction both of the unprofitable and unforfeited land, and of paying fourty-
five shillings per thousand acres for the neat forfeited and profitable land only,
doeth much excell the preceeding way of surrounding whole barronyes at forty
shillings per thousand, both in respect of rate and usefullness of such admeasure-
ment, yet there hath been exhibited unto us against the said present way of
survey, severall defects and inconveniences : the heads whereof are briefly as
followeth :

I St. The admeasurement by surround of great parcells is more uncertaine and
nice than that of small, and the proof or examination of the one is much more
difficult and chargeable then the other.

adly. The not paying for the measuring of included unprofitable land will
be such a byas to the surveyor's judgement, as may tempt him to retume the
same for profitable.

3rdly. This survey contributes nothing to preserve the memory of the ancient
bounds of barronies, parishes, &c., nor to order and regulate the intended plan-
tations. Besides these there are some others which we think more materiall
to be insisted uppon, namely,

4thly. That when great parcells, such only as the present surveyes are like
to returne, shall be delivered out unto whole troopes or companyes, such wrongs
or shortness as shall happen unto any particular members of them uppon the
finall subdivision will be without any visible remedy or reliefe.

5thly. It will be hard for any particular person to pass a grant even for
what he shall receive, without the true knowledge of the quantity, quality, and
bounds of the same, which the present survey cannot aford.

6thly. That

( 9 )

6tfaly. That the grossness of this survey vrill cause the subdivision to be
very tediouse, lidgiouse, and unsatisfactory ; all which three last inconveniencies
wee humbly conceive may be summed up into this one, vizt. :

That notwithstanding the present survey at fourty-6ve shillings per thousand,
all the forfeited lands disposed of as aforesaid, before they can be quietly and
securely planted and enjoyed, must be admeasured over againe into such small
parcells as will satisfie the ends and purposes aforementioned, the which, ail-
though it should be done privately by the owners at their owne proper cost,
yet as it will be (as is alleadged) four times the charge unto them then as now
it is unto the State, soe it will prove noe authentique record, neither unto them-
selves nor unto the State, in case of any future controversies.

Wee have likewise received certaine proposalls of D'. Petty, wherein he un-
dertakes,

1st. To admeasure all the forfeited lands within the three pro-
wwaUa!*^**^"^ vinces, according to the naturall, artificiall, and civill bounds

thereoff, and whereby the said land is distinguished into wood,
bog, mountaine, arable, meadow, and pasture ; moreover to add and sett out
such auxiliary lines and lymits as may facillitate and ascertaine the intended
finall subdivision without any readmeasurement.

2dly. To performe the same by the last of October, 1655, if the Lord give
seasonable weather, and due provision bee made against tories, and that his
instruments be not forced to stand still for want of bounders.

3dly. To give good security both of the time of performing the same and
the exactness of the measure ; both to be judged of by indifferent persons
chosen on the behalfe of the State and undertaker : the which measure, being
to be made into small parcells, wee judge to be very examinable.

4thly. In case the present way shall be thought useless and insufficient, he
offers, as an exspedient to compound with the present surveyors, to give them,
for soe much as they have allready done (provided it endure the examination
whereunto himselfe shall be obliged), either the best rates he shall hereafter
give unto others, or within a small matter of what he shall receive for the same
himselfe.

5thly. He demands for performance of premisses either thirty thousand
pounds for the whole, or else six pounds per thousand acres, to be paid by
portions hereafter to be agreed on.

IRISH ARCH. see. C Now,

( lo )

Now, touching all these severall propositions, wee have forborne to undertake

any particular debate untiU wee shall receive your honors* sence concerning the

defects of the present way, and concerning fitt exspedients for supplying and

amending the same, as alsoe concerning the manner of defra3ring the surcharge

accrewing from D' Petty's proposalls, in case they should, uppon declining the

other as irreparable, be admitted to consideration. All which wee humbly

submitt.

Signed in the name and by appointment

of the rest of the referrees,

September 24**, 1654. Hab.Wallbb.

By which report it appeares that, from the eighth to the 24th of September,
not only the referrees named, but alsoe such other officers as were fittest to give
advice in this business, and indeed as many others as would come, either as
curiouse to see, or else to carpe, did consider of all former methods and projec-
tions for the management of the survey.

2dly. They report that the survey then in being propounded by the above
mentioned committee, much excelled the former managed by M' Worsely.

3dly. They are pleased ingenuously to acknowledge the perplexities and
difficulties wherein that affaire was involved before the Doctor appeared in it.

4thly. What the substance of D' Petty *s proposalls were, that the said D', as
was before limitted, desired to deale by the lump, or at least by the thousand
acres, without distinction of quality ; and that he did not introduce his pro-
position out of any designe to demnifie or prejudice those that went before him.

Now from the said 24th of September the said M' Worsely
Secretly kl^ secretly laboures with severall chief officers of the army, and par-
boun to op- ticularly Sir Charles Coot, and such of the members of the councill

pose the D" .

proposals. CIS he had most interest with, to obstruct the further consideration

of the D" proposalls ; writes animadversions uppon them, though
such as he would never openly produce, though openly called uppon for them :
the substance and end whereoff were,

I St. By sophystry making all admeasurement, and even his owne, impos-
sible, to prove that propounded by D' Petty impracticable

2dly. Shewing that measuring into small parcells was noe more certaine and

examinable then that of wild vast surrounds, by shewing that admeasurements

were subject to many kind of errors.

• 3rdly. He

( " )

3dly. He confest bimselfe gravelled as to his objecting against the perfor-
mance of soe vast a worke in thirteene moneths, because he allways tooke it for
a business of as many yeares.

4thly. He argues against the price, laughing att the D' ffor offering to ad-
measure whole barronyes by their out lines for eight shillings per thousand,
which the D' says now is not worth eight groats, when as he made the State
pay fourty shillings for the same the year before, and by saying his most ex-
sperienced advisers affirmed it was worth twenty shillings at least ; whereas in-
deed he durst advise with none that were able to tell him, least such should
seeme better Surveyor-Generall then himselfe !

So that all his argument being grounded uppon pedandque comparisons of
the mistaken number, eight shillings and twenty, without understanding that
twenty shillings for barrony lines hold noe proportion to three pound for par-
ticular estates, as he calls them, nor that distinctions into the lowest denomina-
tions, proprieties, and with subdivisions, to be better worth ten pounds then
that into particular estates only is worth three pounds : his pretty inferences are
worth no further notice.

Lastly, he further sayth, if it be the right of the State to survey the lands
only into such surrounds as whereby they may bee at a certainty what they
sett out between the Commonwealth and the souldiery, and that a survey into
parcells of one hundred acres hath noe other argument then this to commend
it, then, for as much as the said premises are true, the proposalls made by D*^
[Petty] is insignificant.

To which the Doctor answered :

ist. Let the Act of the 26th of September, 1653, be consulted, where it will
appeare that it prescribes a survey noe less exact then what is propounded.

2dly. Looke backe uppon the report of the 24th September, 1654, to see
what other arguments there are to recommend what the Surveyor-Generall
knew not how to value. These animadversions were soe clandestinely made
use of, the Doctor never seing them till above three moneths after, that they
produced the following order, and the addition of S' Charles Coot and Com-
missary-Generall Reynolds to the committee, in whom, by the business of Car-
ricke, &c., M' Worsly thought he had wrought an extraordinary interest for
this purpose.

C2 By

( 12 )

By the Lord Deputy and Councill.

^ , It is ordered, that Sir Charles Coot, Knight and Barronet,

farther oon- Sir Hardross Waller, Knight, Commissary-Generall Reynolds,
na^g the**' Collonell Hewson, CoUonell Lawrence, Lieutenant-Colonell Ar-
o "^h^"* '° iiopp, and Captain Shaw, or any three or more of them, doe take

into their further consideration the matter formerly recommended
unto them, concerning the managing of the surveys of the forfeited lands in Ire-
land ; and to propose some exspedients unto us how the same may be carried
on with most dispatch and advantage to the Commonwealth. Dublin, the loth
October, 1654.

Tho. Herbert, Gierke of the Councill,

The which order, maugre all the sinister practices that were used, produced
but the following report:

In obedience to your honors reference, dated the loth instant,
Report on the wee have taken into consideration the business concerning the
October, 1654. management of the surveys, and, after a full debate thereuppon,

doe humbly offer, uppon the reason mentioned in our first report,
that the lands to be sett out for the payment of the armyes arreares and other
publicke debts, be surveyed downe as is proposed by D' Petty.

And as to the security of performance of conditions on his part, and alsoe
as to the rates to be paid for the worke, wee doe humbly offer that it be referred
to Sir Hardress Waller, Sir Charles Coot, Collonell Chidley Coot, CoUonel Law-
rence, Major Symner, and Captain MuUinex, or any three of them, to perfect
and conclude the same with the D'. Dated the )6th of October, 1654.

Signed in the name and by the appointment of
the rest of the referrees,

Cha. Coot.

Hee then soe wrought with the Lord Deputy and Councill, that they issued
noe order in pursuance of the above report untill the whole business had been
debated anew all over before themselves, the which, as severall times before
being done, the following order was granted :

By

Ordered,

Ordor to ooo-

( 13 )

By the Lord Deputy and CounciU,

That the proposalls of I> Petty, touching surveys, and the re-
'l?pl^ port aUready made by the Committee of officers thereuppon, be
^tib^^ further referred to Sir H. WaUer, Sir Charles Coot, CoUonell
27 October, Chidley Coot, CoUonell Lawrence, Benjamin Worsely, Esq., Sur-
' ^ veyor-Generall, Major Symner, and Captain Mullineux, or any

three or more of them, who are forthwith to consider of the rate to be allowed
for the worke, and to proceed to some conclusion, both as to the said rate, and
the rules and instructions by which the said D' is to undertake the performance
thereof, as may be most for the advantage of the Commonwealth, and to certifie
the same with all convenient speed. Dublyn, the 27th of October, 1654.

Tho. Herbert, Clerk of the CouncilL

Uppon receipt whereof the Committee, the same day, sitting late at night,
draw up the following heads of an agreement:

Proceedings of the Committee for Surveyes, the 2'jih of October^ 1654.

This day, in pursuance of a reference from the Right Honourable
2^*2doSw'' ^^ ^^^^ Deputy and CounciU, the said Committee tooke into con-
sideration the business of D' Pettye*s proposalls of the forfeited
lands in Ireland, and did proceed thereon as folio weth :

Articles made, had, and concluded, betweene , in the Name and

Behalf e of the Commonwealth, andD^ WUliam Petty oh the Behalf e of
Himsdfe.

Resolved,
A dnrfk of ar- ^®^* That it is the opinion of this Committee that the Doctor

ticks between be contracted with, for the surveying of aU the forfeited lands
wwith and within the three provinces of Leinster, Munster, and Ulster, al-

D' Petty. lotted for the satisfaction of the souldiery.

adly. That the said D' shall exactly survey and distinguish in lands

between all lands as is profitable and all lands which is unprofitable, to the end
the said profitable forfeited land may be exactly knowne ; which profitable land

he

( 14 )

he is again to distinguish into arable, meadow, and pasture, according to the
instructions of the Act, and the unprofitable into wood, bog, and mountaine, &c.

3dl7. That the said D' shall survey and admeasure with the instrument all
such forfeited profitable lands into the smallest and lowest denominations that
are, and according to the knowne bounds of each of them.

4thly. That where any the said surveys or distinctions shall exceed the
number of acres due to any officer or soldier for their respective arreares, that
the said survey shall be againe subdivided into soe many other small parcells
as may exactly satisfie each man his respective arreares.

5thly. That, unless in the aforesaid case, for the setting out a just number of
acres for answearing the arreares of any particular officer or souldier, or for the
admeasurement of some islands in any river, logh, or bog, the said D' is not to
be obliged to make any siuround less then of forty acres. And provided that
noe surround doe exceed forty acres, where any knowne bounds, naturall, civill,
or artificiall, may conduce to the making of the same.

6thly. That raapps, plotts, and books of reference of all the said parcells and
subdivisions surveyed and set out to any particular person, be returned into the
Surveyor-Generall his office, for the use of the Commonwealth. The said plotts
to be laid downe by a scale of fourty perches to an inch.

Lastly, that besides such mapps, plotts, and books of reference, returned into
the State as aforesaid, the said Doctor shall be imployed to deliver soe many
other mapps, plotts, and books of reference belonging to them, as may give
satisfaction to each officer and souldier, of the severall proportions of lands due
to them, provided that noe mapp be given of any that are less then a thousand
acres.

And soon after make the following report relating to the said agreement,
with their opinion of the rate, advance money, and defalcation for the grosse
surveys then in hand :

In obedience to the reference of your Lordshipps and Councill,
c^nitteeof ^^^^ ^^^ a7th of October instant, having further considered of
their proceed- the proposalls of D' Petty as to a down survey of the forfeited
ty?propo«iU»! profitable lands assigned for the armyes satisfaction, wee have pro-
3iBt October, ceeded to a consideration of the rules for the practise of the worke

on his part, uppon which wee have agreed and annexed a copie of

the

( IS )

the said agreement hereunto ; finding noe obstruction untill wee came to consider
how the charge allread j exspended in the present defective survey should be
refunded, wherein there appearing much difficulty, wee offered the considera-
tion thereof to some persons skillful in the art of surveying to give us their
opinion of what use the same will be to the new undertaking, whose return
thereuppon was, that it would be nothing or very little usefuU : soe that the
whole charge allready exspended must be borne either by the State or pur-
chaser. In consideration whereoff wee have further condescended in the armye*8
behalfe, that they shall bear the charge, by making up the rate on their parts
one penny an acre, which makes up the three pounds per thousand formerly
proposed to be 4^ 3' 4^ from the State, makes up in all seaven pounds three

shillings and four pence per thousand acres, at which rate the D^
ioa> acresT ^^^ agreed to measure all the profitable forfeited lands as afore-
said.

And to return in mapps, plotts, and books of reference according to the said
annexed heads of agreement, for which consideration he doeth alsoe undertake
to reimburse the State of all the disbursements albready made for measuring any
of those lands he shall againe survey.

For drawing up the contracts and other matters, in order to a finishing of
the agreement, wee humbly offer it may be referred to the Surveyor-General
to perfect and finish the same on the State's behalfe.

And wee fiirther humbly mind your honors that the State is to disburse
the money to the !> from time to time, till the souldier is in possession ; where-
uppon the souldier is then to pay his part aforesaid, or to have it deducted out
of his pay, for reimbursing the same unto the State.

And to the end the I> may be the better enabled to exspedite the worke,
wee humbly offer that hee may have three thousand pounds advance, and soe,
from time to time, to receive more, as he finisheth his worke by parts, the said
advance to be still part of the pay for the worke performed. Dated the 3 1^ of
October, 1654.

Signed in the name and by appointment of
the rest of the referrees,

Har. Waller.

CHAPTER

( i<s )

W

CHAPTER III.

HEN the drawing up of the contract, as by the above report, and the
finishing of the same as to other matters, was referred to the said
M' Worsely, he brings about againe (and that before the Councill
jections to the notwithstanding the above report) the consideration of the price,
^"^ alleadging the same to be exorbitant, and above what was now

allowed by the Act, or heretofore, for the admeasurement of Conaught and
Tipperary, unto which was answered:

I St. That the allowance of fourty shillings per thousand for

barrony lines, the last year, which was dearer then thirty pounds

per thousand for what was propounded, and other extravagant rates since that,

had made the Surveyor set an unreasonable value uppon their labour, more

indeed then the same doeth intrinsecally deserve.

2dly. That, as to Conaught survey, it was done only according to the
lowest denominations ; this, not only soe, but with distinction of proprieties,
subdivisions, and double books and plotts. Moreover, there was then allowed
a surcharge of a Director-Generall of the said works. Here all is comprehended
in the rate per thousand. The admeasurers then and there paid little for their
diet and lodging, bounders, marksmen, spademen, &c.; needed noe guards,
wrought in a well-planted and accommodated countrey, and made great advan-
tage by transcripts of their survey ; none of all which advantages must be now
exspected.

3dly. The countrey is now overgrowne with rushes, shrubwood, bogs, and
other impediments ; the worke must often stand for want of bounders, guards,
tables for protraction, &c.

4thly. The extraordinary dispatch and security now proposed, may, in all
reason, much advance the rate.

5thly. The adventurers give much higher rates, with whome tis easier
dealing then with the State.

6thly. The States pay three pounds per thousand, and yet have all the benefit

of

( i? )

of the annye's extraordinary and voluntary contribution of above four pounds
more.

7thly. There is to be a reimbursement out of this allowance of all the charge
of the gross survey now in hand, which probably may amount to above three
thousand pounds; whereas, tis uncertaine whether the whole will amount to
seaven times as much, which reduces the allowance under six pounds.

8thly. Nothing is allowed for vast scopes of unprofitable land, and but bare
three pounds for Crowne, church, and corporation, and other
for 2600^ lands reserved to the State. I offered afterwards to doe the whole

*""*• for 2600" gaines.

TheD'todis- When this difficulty was over, and the agreement seemingly

way'he would made, it was then urged that the D"^ should discover to the Coun-
pof^nn the ciU and army by what means he should hope to bring this under-

ssme.

taking to pass.
The which discovery was assented unto : provided that, uppon satisfaction
given therein, the security of ten thousand pounds should be either dispensed
with or lessened.

In order whereunto he offered: [i»*] to produce such instruments for sur-
veying as he had allready made in Dublyn, with the workemen he had instructed

to make more.

2dly. He divided the whole art of surveying into its severall

parts hr^i^^ parts, viz.: Ffield worke; 2, protracting; 3, casting; 4, reducing;
ded the art of ^^ ornaments of the mapps ; 6, writing fair bookes ; 7, examination

of all and every the premisses ; withall setting forth, that for the
speedier and surer performance he intended to imploy particular persons uppon
each specie, according to their respective fittness and qualifications.

3dly. That he had, by a more distinct, methodicall, and comprehensive
ffield booke ; by removing some entanglement in the card wherein the needle
playes ; by exterminating the use of triangles and intermixt multiplication in
the casting up of the superficial! content, much facillitated the whole practice of
surveying.

4thly. That by keeping a magazine of all necessary, and breeding more artists
then he should need, he hoped to obviate the danger of negligence, unfaithfuU-
ness, &c., in those whom he should employ.

5thly. That uppon the field worke, it being a matter of great drudgery (to
IBISH ABCH. 80C. D wade

( i8 ;

wade through boggs and water, climb rocks, fare and lodge hard, &c.), he would
instruct foot souldiers, to whom such hardships were familiar.

CHAPTER IV.

UPPON the candid and free manifestation of the premisses, there arose
obstruction uppon obstruction, notwithstanding the contract seemed to
be soe neer finished, even as my wiser friends had forewarned me ; ffor, in the
first place, there comes to the Lord Deputy and Councill the following remon-
strance from some of the surveyors, favourites and admirers of M"^ Worsley :

TO THE LORD DEPUTY AND COUNCILL.

The humble Retnonsttxince of severaU of the Surveyors latdt/ imployed in the

Service of the Commonwealth.

Bemonstnace That D' Petty, takinc^ advantafife by the surveyors' absence,

of the Survey- ... , i. j • i. ■». i • , •

on employ'd whilst they Were abroad m the coimtrey discharging their re-
byM^Woraly. gpective duties, according to the trust reposed in them, hath
passed a contract with your Lordshipps for the survey of Ireland ; in obedience
whereunto, some of us, uppon our repair to towne, tendred our assistance to the
D^ proffering to doe the same thing for far lesser rates then are allowed unto
him ; but he, minding nothing but to make himselfe extraordinary gaines by
other mens laboures, will not hearken to any proposalls of ours, but uppon very
hard and unreasonable terms, which we can in noe wise accept off. Had the
D' (as wee exspect, and doubtless many more before us) had any more new,
certaine, and expeditious way of survey then hitherto had been knowne or prac-
tised, there had been just grounds for our yeilding to the D" terms ; but, in-
stead thereof, we find him informing the private soldiers, whose labour he may
hire at an easie rate, in the ordinary and common method, whereby it plainly
appearcs that the D*", by his undertaking, hath not out done the surveyors ; ffor,
in his proposalls, there is nothing considerable but his time and price. As for
the time, wee shall make it evidently appear, by undeniable arguments, that the

whole

( 19 ) •

whole worke will be perfonned by the surveyors now imployed by your Lord-
ships within the time agreed uppon : and for the price wee are content to accept
of less then the D' hath proposed, not doubting but that wee, who have had
ezsperience alh^eady in the worke, shall be better able to performe the same
then such who are raw and unexsperienced, though taught by the D' ; nor can
it be objected to us, however disclaimed against by the D% that our proceedings
hitherto have been imsatisfactory, ffor some of your Lordshipps may remember
that, at our first setting forth, we pressed for an exact and particular admea-
surement, though the D' then was silent ; and, accordingly, the Commissioners
for Survey, then sitting at the Castle in Dubljm, had drawn up instructions,
but the necessity of the affaires of the Commonwealth not dispenseing with soe
long a work, those other ways were found out and enjoyned.

Now soe it is, may it please your Lordshipps, that the D' having not done
anything in his proposalls more then any other man might have done, and
what wee our selfi are ready and willing to doe at lesser rates, by the time
allotted, and wee hope with better satisfaction then the D^' new taught soldiers,
wee humbly desire that wee be not disposed to the insatiable desire of a cove-
tous monopoler, but that wee may be imployed immediately from your Lord-
shipps, and the benefitt acrewing by our laboures may redound to the Com-
monwealth.

All which is humbly tendered to your Lordshippse consideration.

Signed in behalfe of the surveyors by

Rob. Newcomen.
t. cockatne.
Alex. Smith.
coe. swilltvan.

TlieDr answers ^^^ paper being exhibited, the I> was called into the Coun-

it off-hand at cill chamber, where it was read to him ; but he desired it might

be again read in parts, which being done, he answered it from
point to point, accordingly soe as it was clearly rejected ; even soe clearly as
that there remaines noe other memorey of it, but what is here afforded itt.

This aussault of the under-surveyors being repulsed, the general! of this
army himselfe, the Surveyor-Generall, M' Worsley, was forced to engage ; he,
therefore, goes to the severall members of the Councill apart, and had prepared

D 2 them

( 20 )

them with such new objections, and soe far exceeding the aforementioned ani-
madversions, that the D" intelligence came to him from severall parts, acquaint-
ing him that very suddenly his supposed contract would be quite overthrowne.
Not long after the D' had notice to attend the Councill, which he did. When
the Councill were just rising he was called in: Mr. Worsley being there (as
allways ready), the Gierke himselfe was bidden to withdraw, the Councill hav-
ing being insinuated that what was now to be objected was a great arcanum,
and the untyeing of a very misteriouse knot : now partutiunt mantes.

The objection was, that the meanes whereby the D' intended
tio?]S»ed by ' *^ perform this worke was dishonourable and scandalouse, for that
M^ Worely of j^g intended to imploy foot soldiers, as above mentioned, whom

employing foot i j • i • -i ^

souidien. to trust the admeasurement m their owne and oincers land would

be scandalouse, &c.

To which was answered :

ist. That the D' looked uppon souldiers only as hardy men,
and fitter then most others for the difficulties above mentioned ;
that other men of the like qualification would serve as well ; and in fine that he
cared not for using soldiers otherwise ; and for many such could be had toge-
ther, without much staying for others.

2dly. That it were easie to discover whether these soldiers would retume
false work on purpose, to the injury of the State.

3dly. These men, being designed only for ffield worke, could abuse the
State only in the length of their chaine, which would alsoe discover itselfe.

4thly. That noe souldier could tell where his owne, or any friend of his,
lott should fall, nor whether he should at all measure the land that should be
his owne or his friend*s ; soe as all the soldiers, and indeed all the other sur-
veyors, must with much art universally combine to gratifie any one person.

5ly. Why should the D' be limitted to the hands he must use, since he is
to give security for his performance.

Another objection ^^' Worsley alsoe intimated that the D' intended to imploy

aboat Irish Papisto. Irish Papists.

To which was answered :

I St. By denyall; and —

2dly. By acquainting the Councill that there was noe more danger to have

the

( " )

the measurer a Papist then the mearesman, which for the most part must be

such ; saying that the only scandall in this point was, to imploy Irish Papists

when English Protestants must be had.

About the same time came a request from the Provost of the

Provort denres OoUedffe of Dublyn, that the schoUars thereoff should not be em-
no achoUn to . _ . . ,
be employed. ployed in this worke ; soe as by interdicting me souldiers, ^chol-

lars, and Irish, itt appeared plaine the designe was now to make

me miscarry in what they could not hinder me to undertake and be entrusted

withall.

But these objections about the souldiers, &c., were chiefly to usher in an
exspedient or remedy for that disease whereoff M' Worsley hoped to persuade
the Councill that the business was sicke off. The which expedient he pro-
ceeded to offer, allthoush it was not perceived that the Councill
propoeea a jn- thought it wanting ; and it was, that a judicatory of surveyors
dicatoryof SOT- might be Set up, to examine and allow of all men the D' im-

ployed ; and that the protractor, to take of their dependance
from him, might be paid by the State.

To which was answered :

I St. That there was doubt even of the Survey or-Generall's suf-
ficiency to examine the Doctor's instruments, because he had done
the same very imperfectly hitherto.

idly. That if the Surveyor-Generall excepted against souldiers having to
doe in the survey. Major Symner, Mr. Webb, and Mr. Francis (though very
able), being of the army, were not fitt for this judicature.

3dly. That if he propounded the authors of the late remonstrance, it was
desired that the IK might first have the examining of them before the Councill.

4thly. The said examinators, delaying due approbation, might make the
D' forfeit his security, by comming short in his time of performance.

5thly. Why should the Doctor undertake to pay those whom he might
thinke can deserve nothing, or venture his reputation and security uppon such.

Herewith the Councill being abundantly satisfyed, and the D^ encouraged
in beholding the deliverance which the Lord gave him time from time out of
the snares and netts of adversarys.

The contract went forward, and the following order yssued in order there-
unto.

By

( 11 )

By the Lord Deputy and Councill.
Ordered,

That it be referred to the Attumey-Generall, the Commis-
Attomey-Ge- sioners-Generall of the Revenue, and the Siirveyor-Generall of
neraii to finish lands, to consider of the articles prepared betwixt the Common-

the article in a *^ *■ ,

icgaii form, &c wealth and D' Petty for the survey of forfeited and other lands
1654^^™^'' belonging to the Commonwealth, or to be surveyed in Ireland,

and of the former reports, papers, and proceedings in order there-
unto ; and of what is further fitt to be added to those articles, for the speedy
and effectual carrying on of this service of soe publique concernement ; and
alsoe of the necessity of two thousand pounds advance, the Doctor giving 4000"
security to performe and retume the survey of those lands, proportionable to the
sum received ; as alsoe of the furnishing him from time to time with one thousand
pounds, or some other meet sum answerable to the proportion of worke he brings
in ; and to take care that the articles be penned in a due legall forme ; and to
consider of the security tendred by the D' for his due performance of articles ;
and to make report of the whole business with all possible speed. Dublyn, the

24th of November, 1654.

Tho. Herbert,

Clerk o/Ae CouncUl.

The moneth of November was spent much in making the Attumey-Generall
Basill, Mr. Justice Cooke, the three Commissioners-Generall of the Revenue, &c.,
meet in contriving the manner of advanceing money and defalkeing the same,
as also about the manner of reimbursing the charge of the grosse admeasure-
ment then in hand, and in giving notice to the surveyors then at worke uppon
itt, by lettres of the 17th instant, of the above transactions, in order to their de-
sisting ; about the security, amending mistakes, providing meeresmen, and the
time of the D'" discharge, and after which noe complaint was to be admitted.

All which being contrived by the above referrees, and the articles in pur-
suance of the above recited order in due forme of law. The articles soe prepared
were, as a report and answer to the said order, on the eleventh of December,
brought into the Councill chamber, very many of the chief officers of the army,
whose names are hereafter mentioned, being present, and after a solemne seek-
ing of God, performed by Colonell Thomlinson, for a blessing uppon the con-
clusion

( n )

elusion of 806 great a business, were, with some little alterations about the
money, and some discourse about the army leav[y]ing their part, finally as-
sented unto, and ordered to be engrossed and perfected in the words following :

Articles of Agreement made, eondudedy and agreed uppotij the eleventh Day
of December, 16^4, by and betweene Benjamin Wordey, Esq,, Surveyor-
Generall by the Appointment of the Right Honourable the Lord Deputy
and Councill oflrelandy on the Behalf e of the Commonwealth, of the one
Part, and D^ William Petty on the other Part,

Witnesseth,

That he, the said William Petty, doeth hereby, for himselfe,
i^dMwith his heires, executors, and administrators, covenant, ^rant, and

D' Potty for tli6

measuxing Ire- agree to and with the said Benjamin Worseley, his executors,
,5^'' ^' administrators, and assigns, and to and with every of them, for

and on the behalfe of the Commonwealth. That he, the said
William Petty, or his assignes, shall and will well and sufficiently survey and
admeasure, or cause to be surveyed and admeasured, all the forfeited lands,
both profitable and unprofitable, within the barronies of the ten halfe counties
appointed by lot for satisfaction of the arreares of the officers and souldiers in
Ireland, mentioned in the late Act ffor satisfaction of the adventurers and
souldiers, of the 26th of September, 1653;

And alsoe within any the countyes of Wexford, Wicklow, Kilkenny, Ker-
rey, Longford, Corke, Kildare, Tyrone, London Derrey, and Donnegall, which
shall be sett out as additionall satisfaction for the arreares of the said souldiers ;

As alsoe all forfeited not yet disposed of or sett out, within the counties of
Dublin, Catherlogh, and the remaining part of Corke, together with all crowne
lands, and all lands heretofore belonging to any archbishopp, bishopp, deane,
deane and chapter, or any other officer belonging to that hierarchy, in the right of
his or their office, which are lyeing in any of the afforesaid counties : and that
the said survey and admeasurement shall be by him, the said William Petty, and
his assignes, done and performed in manner and forme following, viz. : — Ffirst,
that the said William Petty is to survey, or cause to be surveyed and admeasured
with the instrument, all the said forfeited profitable lands, all other the profitable
lands mentioned in the aforesaid article, into the smallest and lowest denomina-
tions that are, vizt., into townlands, plowlands, cartrons, or any other usuall
denomination of lands, proper to the respective countyes where the said lands

doe

( M )

doe lye, and according to the knowne bounds of each of them respectively, soe
as the same may be certainly and distinctly knowne from other lands thereby,
their qualities, quantities, names, scituations, parish, or place where the same
doe lye, with their meares and bounds ; the woods, boggs, and barren moun-
tains belonging to the respective premisses being mentioned in such survey re-
spectively.

2dly. That where any of the said parcells of forfeited lands surveyed or sur-
rounded with the instrument by him, the said D' Petty, shall exceed the number
of acres due to any one officer or souldier for their respective arreares, that in
all such cases the said William Petty doeth promise and undertake againe to
subdivide or cause to be subdivided the said parcells, and actually to sett out
the same into soe many other smaller parcells as shall be requisite particularly
to satisfie each man his respective arreares without any readmeasurement.

3dly. The said William Petty doeth promise and undertake that noe one
surround of any parcell of profitable forfeited land shall exceed fourty acres,
where any knowne bounds, naturall, civill, or artificiall, may conduce to the
making the said surround ; provided that, unless in the aforesaid case for the
settingout of a just number of acres, in order to the answering and putting into
possession each particular officer and souldier into their respective proportions
of lands, according to the arreares due to them, or for the admeasurement of
some island in any river, logh, or bogg, itt is hereby expressly intended that
the said William Petty be not required to make any one surround of less then
fourty acres.

4thly. As touching the admeasurement of unprofitable lands: if the said
unprofitable land shall lye mixed with or adjoyning unto lands profitable, in
parcells less then five hundred acres, the said William Petty is to survey or
cause to be surveyed distinctly by itselfe every such part of unprofitable land
with the instrument, provided none of the said parcells containe less then fourty
acres ; but in case the said unprofitable land shall lye in parcells more then five
hundred acres all intirely unprofitable, the said William Petty, surveying or
causeing the said unprofitable land to be surveyed and surrounded with the in-
strument, according to -hs utmost bollnds or limitts, as the same shall be bounded
either by the barronies where the said unprofitable land shall respectively lye,
or by some other parcells of land profitable, is not hereby obliged or tyed to ad-
measure the said unprofitable land into any other smaller or lesser parcells.

5thly. In

( 25 )

5thly. In the surveying of all unprofitable lands the said William Petty
doeth further promise and undertake, to and with the said Benjamin Worseley,
faithfully to describe the nature and bounds of the same, especially where the
same boundeth uppon the profitable land, and to sett down good grounds for
returning and adjudgeing the same for unprofitable.

6thly. The said William Petty doeth further promise and undertake, to and
with the said Benjamin Worseley, that where any parcells of land forfeited,
formerly belonging to any one person, shall extend ittselfe into severall barro-
nyes, and be scituate part in one barrony and part in some other barronyes, there
carefully to distinguish and admeasure with the instrument soe much of the
said parcells as shall lye in every respective barrony, and to returne the same,
soe distinguished and admeasured accordingly, in the mapps of each proper
barony.

7thly. The said William Petty doeth further promise and undertake, to
and with the said Benjamin Worsley, carefully to survey and admeasure by the
instrument the outmeares or bounds of all and every the barronyes within the
counties mentioned in the above said ffirst article, and the same, soe surveyed,
distinctly to protract and lay downe to the end the said civill bounds and
meares of each barrrony may be better knowne and preserved, and that perfect
and exact mapps may be had for publique use of each of the barronyes and
countyes aforesaid ; provided, that neither the said barronyes or halfe barronies
divide themselfs into severall countyes.

8thly. The said William Petty doeth promise and undertake, to and with
the said Benjamin Worsely , to deliver unto the said Survey or-6enerall his office,
for the use of the Commonwealth, particular platts, with books of reference
belonging to the said platts respectively, fairly engrossed, of all the forfeited
lands, both profitable and unprofitable, that shall be admeasured by him in
manner and forme afforesaid, in any of the aforesaid barronyes and countyes
mentioned in the first article, noting and mentioning all such subdivisions of
land as shall be made to each particular person.

And likewise to deliver the platts and books. 6f reference of all Crowne
lands, and of all lands belonging to any arShbishopp, bishopp, deane, deane and
chapter, or other officer of that hierarchy, in right of his and or their office,
which shall lye in any of the respective barronyes or countyes afforesaid, each
of them distinctly by themselves ; that is to say, the forfeited land in each bar-
IRISH ABCH. see. E rony

( 26 )

rony by themselves ; the Growne lands by themselves ; and the lands belonging
to any archbishopp, bishop, deane, deane and chapter, as afforesaid, by them-
selves; in the drawing or making of any of which platts or books, the said Wil-
liam Petty is to follow such instructions as shall be sent unto him by the said
Lord Deputy and Councill, or, by their order, from the Surveyor-GeneralL

pthly. The said William Petty doeth further promise and undertake, to and
with the said Benjamin Worseley, besides such mapps, platts, and books of
reference belonging to them, as shall manifestly demonstrate to each officer
and souldier their severall proportions of land due to them, provided that noe
mapp be required of any proportions less then one thousand acres.

lothly. The said D' William Petty doeth for himselfe promise and under-
take, to and with the said Benjamin Worseley, fully to perform and perfectly
to finish and compleat all the said surveys and admeasurement, viz^., the surveys
and admeasurement of all and every the forfeited land, profitable and unprofi-
table ; as alsoe of all lands belonging to the Crowne, or to any archbishopp,
bishopp, deane, deane and chapter, or other officer of that hierarchy, as oSbre-
said, lyeing or being in any of the said barronyes within the said ten counties
mentioned in the first article, according to the manner and forme as aforesaid ;
and to retume the mapps, platts, and books of reference of each of them respec-
tively, as afibresaid, within one year and one moneth next after the date of these
present articles.

iithly. And whereas a contract hath been made with severall persons, on
the behalfe of the Commonwealth, for admeasuring and surveying part of the
aiforesaid lands mentioned in the first article hereof, for which survey and ad-
measurement, with platts, mapps, and books of reference belonging respectively
to them, they were to receive fourty-five shillings for every thousand acres that
shall be soe surveyed and perfected by them ; and whereas the said persons
have, in pursuance of the said contract, allready admeasured severall of the said
barronyes ; the said William Petty doth for himselfe promise and undertake, to
and with the said Benjamin Worseley, to reimburse and pay backe all such summ
or summs of money as hath at any time since the said contract been advanced,
issued, or paid to any of the said persons, by order of the said Lord Deputy and
Councill, or of the late Commissioners of the Commonwealth ; as alsoe further
to take care to satisfie, discharge, and pay all such other summ or summs of
money as the said persons, or any of them, shall or may justly or lawfully de-
mand

( 27 )

mand to be satisfyed and paid to them from the Commonwealth, in reference to
the service performed hj them, according to the said contract made with them.

lathly. Ffor the true and full performance of all and every of the articles
before mendoned and specifyed, the said William Petty doeth covenant, pro-
mise, and engage, to and with the said Benjamin Worseley, to give in sufficient
security unto the Conunonwealth, by bond or otherwise, to the value of four
thousand pounds.

i3thly. Item, the said Benjamin Worseley doeth for himselfe, his heirs,
executors, and administrators, and for every of them, covenant, grant, agree,
promise, and undertake, for and on the behalfe of the Commonwealth, to and
with the said William Petty, his executors, administrators, and assignes, and to
and with every of them, to pay, or cause to be paid unto the said William
Petty, seven pounds, three shillings, and four pence, currant money of England,
for every thousand acres of forfeited profitable land that shall be admeasured
and actually sett out to the souldiery by him, according to the tenor of the
agreement aflforesaid, in any of the afforesaid barronyes and countyes men-
tioned in the ffirst article.

I4thly. The said Benjamin Worseley doeth, for and on the behalfe of the
Commonwealth, further promise and undertake, to and with the said William
Petty, to pay, or cause to be paid unto the said William Petty, three pounds
sterling of currant money of England, for every thousand acres of forfeited
lands admeasured, and not yet disposed off or sett out, within the counties of
Dublyn, Catherlogh, and the remaining part of Corke; as alsoe for every thou-
sand acres of Crowne lands, or of lands heretofore belonging to any archbishopp,
bishopp, deane, deane and chapter, or other officer belonging to that hierarchy,
in light of his or their office ; as alsoe for every thousand acres of parcells of
unprofitable land, the said parcells not exceeding five hundred acres in any one
parcell, and admeasured according to the instructions concerning unprofitable
lands mentioned in the fourth article, or for soe much proportionably of any
of the said lands as shall be admeasured by him according to the tenor of the
agreement aforesaid.

i5thly. And for the better and more effectuall carreying on the said con-
tract and undertaking, itt is covenanted and agreed, and the said Benjamin
Worseley doeth, for and on the behalfe of the Commonwealth, promise and
imdertake, to and with the said William Pet^, to pay unto him or his assignes,

E2 at

( 28 )

at or before the ensealing hereoff, two thousand pounds sterling, the same to be
defalked againe out of payment as shall grow due to the said William Petty
for the said survey and admeasurement hereby undertaken for.

i6thly. And the said Benjamin Worseley doeth further covenant and agree
to and with the said William Petty, that when the said William Petty shall
deliver in, or cause to be delivered into the Surveyor-Generall's office, a true and
clear survey of such forfeited lands and other lands, hereby appointed to be sur-
veyed ; ffor which worke of survey one of the two thousand pounds advanced,
either after the rate of forty shillings for every thousand acres surrounded, and
five pounds ten shillings for every thousand acres downe admeasured ; and for
land actually sett out according to the respective rates before expressed, is be-
come due to the said William Petty ; and of which retume and money due for
such survey, according to the rate afibresaid, he the said William Petty shall
produce certificate fi"om the said Surveyor-Generall, which the said Surveyor-
Generall is, according to such surveyes returned, to make and give ; that then
the said William Petty shall further receive the summ of one thousand pounds
more, sterling, by way of advance uppon accompt, to be by him the said Wil-
liam Petty discounted when surveys are returned, the rates whereof are corres-
pondent by this contract to such summ advanced ; and shall, uppon equalling
his accompt by retumes made from time to time, receive the summ of one
thousand pounds sterling more, which he is to discount in course by due re-
turns and certificates, as is before expressed, untill the whole survey by him,
the said William Petty, undertaken, be compleat and finish t.

i7thly. It is covenanted and agreed, and the said Benjamin Worseley
doeth, for and on the behalfe of the Commonwealth, further promise and under-
take, to and with the said William Petty, to pay, or cause to be paid, at the
retume or delivery in of perfect mapps of all the said barronyes and countyes
mentioned in the first article, one thousand pounds, for and in consideration of
his carefuU surveying and admeasuring with the instrument all the meets and
bounds of the said barronyes, as the same shall be showne and discovered to
him.

And whereas a provision is before made and provided that the said William
Petty should reimburse and pay backe to the State all such summ or summs of
money as hath at any time been paid to such surveyors as have been contracted
withall, for admeasuring or surveying any part of the aforesaid lands mentioned

in

( 29 )

in the said first article hereof, by order of the Lord Deputy and Councill, or the
late Commissioners of the Commonwealth ; as alsoe to satisfie, discharge, and
pay all such other summ or summs of money as the said persons, or any of them,
shall or justly may demand to be satisfyed and paid to them from the Common-
wealth, in reference to service performed by them according to the said contract
for that purpose made ; it is hereby agreed, and the true intent and meaning
hereoff is, that the Commonwealth discharging and paying such summs of
money due to such surveyors for the worke by them performed, as is before
directed, that the same, together with what hath allready been paid, shall be
discounted out of the monyes due to the said William Petty, uppon service to
be by him done as is before particularly expressed ; the same to be discounted
by ten even and equall portions, the same to begin after three moneths end,
commenceing from the date of the ensealing hereoff.

iSthly. The said Benjamin Worseley doeth further covenant and agree, to
and with the said William Petty, that effectuall order shall from time to time
be given from the Lord Deputy and Councill, for impressing persons to shew
the bounds and meares of all and singular the parcells of land by these presents
directed to be admeasured, as alsoe guards for securing the respective persons
to be imployed in this business, he giving reasonable allowance to each of them
for their paines during their attendance on that service.

ipthly. Itt is agreed by and between all party es to these presents that what-
soever complaint shall be made against the said survey, shall be exhibited
within twelve months after the subdivision aforementioned is made, and poses-
sion given, and not afterwards ; and that three moneths time from the exhibition
of the said exceptions be allowed unto the said William Petty, for the correct-
ing and amending the same, before any proceedings be commenced against him
for the breach of articles touching that particular.

In wittness whereof, &c..

Wee doe hereby ratifie, confirme, and aprove the within articles, bearing date

the eleventh day of December, 1654. Dated at Dublyn, this 25*** of December,

1654.

Cha. Fleetwood.

Miles Corbet.

Ro. Goodwin.

Ma. Thomunson.

Immediately

( 30 )

Immediately ftfter the officers then and there present withdraw, and, putting
themselves into a Councill of Warr, make the following Act :

AU a Councill of Warre hdd at Corhhouse^ the 1 1** o/ December^ 1654 :

Being present

Sir Hab. Walleb. Sib Cha. Coot.

Cohmissary-Generall Reynolds. Collonell Hewson.

CoLLONELL Lawrence. Sgout M^ Gexbrall Jonss.

Collonell Barrow. Collonell Saunders.

Quarter-Master-Generall Vernon. Lieut. -Collonell Brayfield.

Lieut.-Collonell Stephens. Lieut.-Collonell Arnopp.

Major Smith. Major Duckenfield,

Major Jones. Captain Shaw.

Captain Aland.

Order of the Whereas it hath been proposed by a Committee of officers that
to advance the ^^^ penny for each acre of profitable land, which shall be actually
Dr a penny oat received by the army, in satisfaction of their respective arreares,

of every 3 acres, •', •' , *^ ,

to carry on the shall be paid unto D' Petty for the measuring the said lands, it is
76*54^ " ' therefore humbly offered, as the advice of the Councill of Warre,

that one penny for every three acres due to the army, according
to their respective debentures, and the rate appointed by the Act of Parliament
in the respective provinces wherein their lot is fallen, be deducted, and forth-
with advanced unto the said I> Petty, out of the next moneth's pay due to the
army ; provided that the regiments fallen within the lot of TJUster advance noe
more then according to the estimate of the forfeited lands in that province.

And itt is likewise himibly offered^ that to compleat the payment of one
penny per acre to the said D', a proportionable deduction of the next ensueing
moneth's pay be made after the survey is delivered by the said D', according
to the agreement made with him, and possession given to the army.

Signed in the name and by the appointment of
the said Councill,

Hab. Wallbb.

CHAPTER

( 3» )

o

CHAPTER V.

N the i(S*^ of December, M' Worsely sends the following letter to the
surveyors imployed on the grosse surrounds :

Gentlemen,

By mine of the 17^ of November last, I gave you an accompt

i^ttv to^ nzr- ^^^ ^^^ Lord Deputy and Ciouncill, with a councill of officers,
▼eyora 16* were of opinion, that the present surveys would not be sufficient
'^'' "^ to put every man into his particular proportion and quantity of
land without another admeasurement; and that a tender was then made to
the Lord Deputy and Councill, not only for the carreying on the generall sur-
vey of every barrony distinctly, both of the profitable and unprofitable land,
but alsoe for the dividing and setting out to each man his particular proportion
or share ; for which cause my Lord Deputy and Councill, approving of the same,
commanded me to signifie to you their pleasure not to enter uppon any new
surrounds, nor making any further progress in the survey, untill fiirther orders
from them. Since which time there being articles of agreement passed and con-
cluded by and between the Lord Deputy and Councill, on the behalfe of the
Commonwealth, and D*^ Petty as undertaker for the whole survey, as is above
mentioned, I thought good to acquaint you therewith, to the intent as well that
you might, if you thinke fitt, speedily repaire hither, and bring with you what
you have allready done, that soe a consideration may be had of the worke, and
due satisfaction made according to your contract.

I am your very loving fidend and Servant,

B. WORSLEY.

Dublin, the 16*^ December, 1654.

On the 17*^ of December, the articles were sealed and delivered, and bond
given for the performance of them, viz^ :

Know all men by these, that wee, William Petty,' of the city of Dublyn,
D' in Physicke; Sir Hardress Waller, Knight; and John Clerke, doe acknow-
ledge and confess our selfs to be owing and stand indebted unto his Highness
Oliver, Lord Protector of the Commonwealth of England, Scotland, and Lre-

land.

( 3* )

land, in the full summoffour thousand pounds of lawfuU English money, to be
paid to his said Highness, his successor or assignes, to the payment whereof,
well and truely to be made and done, wee doe hereby bind our selfs, our heirs,
executors, and administrators, jointly and severally, firmely by those presents.
Sealed with our scales, and dated this eleventh day of December, 1654.

v Petty's bond Xhe condition of the above obligation is such, that if the above

of 4000'* for , , ,

performance of boundcn William Petty shall and will well and truely observe,
articles. fulfill, pcrformc, and keep all and every the articles, conditions,

clauses, and agreements mentioned in one pair of indented articles, bearing date
with these presents, and made betweene the said William Petty on the one part,
andBenjamin Worseley,Esq., Survey or-Generall for land on the behalfe of the
Commonwealth, of the other part, which, on the part of the said William Petty,
are to be well and truly observed, fulfilled, performed, and kept, according to
the true intent and meaning of the said articles.

Then this obligation to be void, otherwise, to stand in fiill force and vertue.

Sealed and delivered in the presence of

Ed. Robebts. William Petty.

H. Mabkam. Hab. Walleb.

Sam. Goodwin. Jo. Clebke.

And on the 25^ instant of December were ratifyed by the Lord Deputy
and Gouncill, as is above expressed.

Seven]] war- ^^ Order to the worke thus imdertaken, there yssues out the

nnu issued. warrants following, vizt. :

Ffor men to shew the meares.

Ffor abstracts or lists of the lands to be surveyed.

Ffor access to such records, surveys, &c., as might be of use.

And alsoe to appoint a Gommittee of officers to consider how the said worke
might bee began, and proceeded uppon as to the finall subdivision.

Itt will not be improper in this place, where it appeares Sir
Sr^lw^BT* Hardress Waller was one of the sureties for the D™ performance,
of some asper- to undeceive the world of some false apprehensions in this matter,

and to clear that noble person from an ugly imputation cast uppon
him, which was, that he went halfes with the said Doctor for helping to drive

on

( 33 )

on the contract betweene the State and the D% to which end I shall here insert
the very agreement made betweene the Doctor and the said Sir Hardress, viz^ :

Articles ofAgreemeni made^ concluded^ and agreed uppon, this 1 8'^ Day of
December^ 16^4, by and betweene Sir Hardress Waller^ Knight^ on the
one Party y and William Petty, D^ of Physicked on the other Part,

Wittnesseth,
.^1 V ^ Whereas there is one pair of indentures, bearing date the ele-

&H. Waller and venth instant, between Benjamin Worseley, Esq., Survey or-Gene-
6^ parfof^^ ^^ of the lands in Ireland, by the appointment of the Lord Deputy
whole, fcc, 18 an^ Councill, on the behalfe of the Commonwealth, on the one part ;

Dec' x6c4.

and the above-named William Petty on the other part, for and
about the surveying and admeasuring of the severall lands therein named, at
the severall rates and according to the severall other conditions therein alsoe ex-
spiessed, as by the said articles whereunto these presents doe relate may more
at large appeare.

Imprimis, itt [is] agreed that the said Sir Hardress Waller shall stand bound
with the said William Petty, and John Gierke, apothecary, in a bond of four
thousand pounds, for performance of the said articles betweene the said Ben-
jamin Worseley and the said William Petty.

Item, that the said Sir Hardress Waller shall imploy his son, Walter Waller,
Esq., at his own cost and charges, uppon the performance of the said articles
within the province of Munster, in such manner as shall be thought best for the
speedy dispatch of the same.

Item, that the said Sir Hardress Waller shall doe his utmost endeavour to
procure such monyes and orders from time to time, and at all times, for the
said William Petty, as he, the said William Petty, is by the said articles to have
and receive from the Gommonwealth or others, and alsoe to procure the speedy
and effectuall execution of the said orders ; and moreover shall, by all other
lawfuU wayes and meanes, asist the said William Petty to performe and discharge
the said articles.

Item, the said Sir Hardress Waller shall discharge and pay one-sixth part of
all charges incident unto the performance of the premisses.

In consideration whereof the said William Petty doeth promise and agree
to pay unto the said Sir Hardress Waller one-sixt part of all the profitts that

IBISH ABGH. 80C. F shall

( 34 )

shall be made by and uppon the said articles by vertue of tliem, and shall at all

times yeild and shew his books of accompts unto the said Sir Hardress Waller,

for his satisfaction therein.

In witness ^vfhereof, &c.,

Hab. Wallbb,
William Pbtty.

Qj^ ^ By which may be observed the time of making those articles,

hereon, shew- viz*, the sixth of December, when the contract was fully per-

mg Sir H. f *■ A

Waller never tected.

had one far- 2^. That his son, M' Wallter Waller, was to carry on the

thing. , . . "^

worke in the whole province of Munster (which, as was before
guessed) proved neer half the whole. Now, what were the parts and abilities
of that admirable young gentleman is soe well knowne, that there is noe man
but will thinke his paines and interest, as to soe great a proportion of the whole
undertaking, might well deserve as much as by this contract was to be allowed ;
but, besides that, the most troublesome business of procuring orders from supe-
riours, which were some hundreds, and that of collecting the monyes, which
proved to be a very slavery, was part of Sir Hardress his undertaking. All
which, with bearing one-sixth part of all disbursements, might be a sufficient
ballance and consideration for what Sir Hardress was to receive.

I doe not mention his being bound with the Doctor, forasmuch as that was
done rather as an owning and a processing of his being partner with him then
as a thing which needed to have been done ; ffbr had Sir Hardress thought fitt
to follow the Doctors advice, hee never had done it at all.

Moreover, itt is declared to all the world, that for as much as his son, M**
Wallter Waller, never acted, but went into England uppon his owne affaires,
and that Sir Hardresse himselfe did not run through the clamour of collecting
the money from the army, nor of procuring orders, &c., neither did he disburse
any money, as was in the contract supposed, he never demanded [a] penny of
the Doctor, nor any such inspection into his accompts as in the contract is
mentioned ; nor hath he appeared in the Doctors troubles to avoid suspicion of
partiallity, but hath been content to withdraw himselfe from all committees
relating to the Doctors performance, that he might not give any occasion of
mens thinking he would patronise him in any thing not justifieable.

( 35 )

By the Lord Deputy and CouncUl.

Orders for mean- Whereas D"^ William Petty hath contracted and undertaken to
qnarters-iates, survej and admeasure all such forfeited lands in Ireland as are to
^ Am^* 6*^ ^ sett out for satisfaction of the arreares of the army, together with

such other lands as did formerly belong to the Crown, archbishopp,
bishopp, deanes, deanes and chapters, and other persons belonging to that
hierarchy, it is, for the better and more effectuall carreing on of that worke :

Ordered,

That the said D^ Petty, or such as he shall imder his hand and scale appoint
thereunto, bee and are hereby authorized to cause, from time to time, such and
see many persons to asist him or them, as shall be fitt and able to shew the
meares and bounds of all such lands as are to be surveyed as above said, as alsoe
such other persons as he or they shall thinke fit to stand as marks to lead the
chaine, or carry a spade for making of marks necessary for the said worke. Itt is
further ordered that the said surveyors may quarter at any place next their re-
spective worke, and be accommodated with carriages and horses for removing
themselves, instruments, utensills, and other necessaryes ; they paying for the said
accomodation, and for the wages of the severall persons by them imployed by
vertue hereof, such reasonable rates as shall be thought fitt by the Commander
in Chief of the precinct where the said lands doe lye, or by one or more of the
justices of the peace of the said county, or by the sherrifif or undersherrifif, or by
any commissioner or commissioners of assessment of the said county, not exceed-
ing twelve pence per diem to every bounder, and eight pence per diem to every
marksman and chainman, or spademan; and all officers or ministers of justice,
and all officers and souldiers of the army, and all other persons, are to be aiding
and asisting unto the said D' Petty, or his assignes, in the carryeing on of the
worke. Dublin, the i2^^ of Aprill, 1655.

Tho. Hebbbbt, Gierke of the CouncilL

F2

( 36 )
By the Surveyor-Generall :

Instructions to be observed by D^ William Petty in the making and draw-
ing up the Bookes of Reference, which are to be returned into the said
Surveyor-Generall his Office,

Instnicdoiu for ist. Ffor the more clear and distinct knowledge of the quan-

ing up the books ^^7 ^^ forfeited profitable lands, and other lands belonging to the
to be returned Commonwealth in each barrony, you are to draw up soe many

to the Surveyor- J ^ J r j

Generaii'8 office, bookes of reference as may answer the number of barronyes you
12 Apnll, 1655. admeasure; each booke containing an entire barrony by it selfe.

adly. The said bookes you are to bind up or cover with parchment ; on the
outside of which is to be written, in fair letters, the name of the barrony, and
underneath that is to be sett downe the names of the severall parishes in the
said barrony at length.

3dly. Within the booke you are briefly to describe the barrony by its meets
and bounds, by the soile, and by the nature of the soile in general ; by the
rivers rising out of it, running through it, or meeting in itt ; by the severall
citties, towns, passes, or other things of eminency or note relateing or belonging
to it.

5thly. In describing or setting downe each proprietor's land, you are to
divide the leafe into severall columnes ; and, beginning on the left hand, you
are in the first colume to sett downe the number referred to for that parcell of
lands in the plott ; in the next colume, the proprietors names, whether English
or Irish Papist ; in the third colume, the name of the towneland, plowland,
cartron, or any other denomination of land, and whether it be an entire town-
land, plowland, cartron, or only a part of the said denomination, as the ^, ^, ^,
&c., of a cartron, plowland, &c. ; in the fourth colume is to be sett downe the
number of acres contained in the said denomination or parcell of land, accord-
ing to an exact admeasurement, at 21 foot to the pole, and one hundred and
sixty poles to the acre. In the last colume the said number of acres are to be
distinguished by a line, into profitable and unprofitable, and the profitable
againe into meadow, arable, pasture ; and whether it be common pasture,
heathy pasture, rocky pastures, mountaine pasture, or boggy pasture, which are
to be signifyed as in the ensueing forme :

Memorandum. That in setting downe the name of any proprietor, whether

Irish

( 37 )

Irish Papist or others, particular enquiry be made where the said proprietors
mansion-house was, or what townes name or place he was usually called by, to
the end both that one proprietor may be distinguished frome another who hath
the same name, and that the lands in other barronyes or countyes belonging to
this person may be rightly ascertained and knowne from the lands belonging
to another person of the same name.

Memorandum. That all woods fitt for timber, and which do not grow uppon
barren mountaine, are to be surveyed and returned by themselves, as is directed
by the Act of Parliament, together with the nearest estimate of what number
of timber trees may be thereuppon.

6thly. Having thus sett downe soe many parcells as lye contiguouse and
doe belong entirely to any one proprietor, you are underneath to summ up the
whole number of acres in the said parish, as they are in grosse, and as they are
distinguished in profitable and unprofitable ; and in the next place at large to
describe the meares of the said lands by what other townelands or proprietors
lands they are bounded, and to set downe whatsoever you find observable uppon
the traceing or admeasuring the said lands, relating to the castles, dwelling-
houses, weares, mills, or other things belonging to it.

7thly, Having finished your observations uppon the first proprietors land,
you are to describe the next, according to the manner and method aforesaid,
and soe to proceed from proprietor to proprietor, untill the severall divisions
or parcells of land belonging to every proprietor in the said parish be fully sett
downe and described, at the end of which you are to summ up the number of
acres under each colume, as was directed in the lands of each proprietor ; and
to observe the like method in every parish, imtill the whole number of parishes
in the respective barronyes, and the lands in each of them respectively, be
described.

8tbly. You are at the end of every barrony to summ up the number of for-
feited acres in the said barrony, in grosse, and of the acres profitable and unpro-
fitable belonging to every parish, writing downe the name of the parish against
the said sum, and underneath the total of forfeited acres in gross, and of the
acres profitable and unprofitable belonging to every parish in the whole barony.

pthly. Tou are to summ up the number of acres of all gleab lands, and of
all lands belonging to any archbishopp, bishopp, deane, deane and chapter,
contained in any of the said parishes, writing downe the name of the parish

against

( 38 )

against the said summe, and underneath the totall of all the acres, either of
gleab land or of that which was belonging to any archbishopp, bishopp, deane,
deane and chapter, &c., in the said barrony.

lothly. The like you are carefully to observe in Crowne lands, and in all
such woods as are excepted from being cast in (over and above arable, mea*
dow, and profitable pasture) by the late Act; all which you are to signe and
give in under your hand.

Last of all, you are at the end of every booke to annex the severall indices
or abstracts following, alphabettically :

1. An Index of the Names of Irish Papists.

2. An Index of the Townes Names.

3. An Index of Gleabes, Bishopps, Deanes, and Deanes and

Chapter Lands.

4. An Index of all Crowne Lands.

5. An Index of all Woods.

6. An Index of Observations, as Castles, Weares, Mills,

Ffords, Passes, Bridges, Abbies, Churches, Mines, <Ssc.

The severall indices referring to the severall pages of the booke where the
said subjects are described more largely.

Dublin, 1 2th Aprill, 1655.

B. W0B8LBY.

By the Lord Deputy and CouncUL

Order to aUow It is Ordered, that all officers, registers, and keepers of any

view and copy pubUque records, doe permitt Doctor William Petty to view and
any nora^ perusc all such records and papers remaining in their custody,
oenary, and to which may conduce to the speedy and effectuall carrying on of
(forfeited landfl! ^^ worke of survey undertaken by him, and to take single copies
ao Dec. 1654. of ^ gu^h papers as he shall desire, which may any way conceme
the said worke. And itt is further ordered, that all commissioners whidi are
mployed in the civill survey doe take care with all speed to furnish the said
D', or his assignes, with the abstracts of all the forfeited lands in each county
and barrony by them surveyed, according to their instructions, to the end the

said

( 39 )

said IK may be directed tmto all and every of the said lands to be surveyed by
him accordingly, in pursuance to the agreement to that purpose.

Dublyn, the 20th of December, 1654.

Tho. Hebbebt, Clerk of the CouncilL

Ordered,

That it be referred to Sir Hardress Waller, Collonel Hewson,
ooofliderhow Collonell Lawrence, Justice Cooke, D'' Jones, Quarter-Master
to begin the Generall Vernon, M*" Worseley, the Commissioners-Generall of

sorvvjr, ana i i .

makbig the the Revenue, Collonell Barrow, Lieut.-Collonell Amopp, Major
v> Det*i6c4, Jo^es, and Major Smith, and Captain Shaw, or any five or more

of them, to consider of the best ways and meanes how D' Petty
may begin the survey by him contracted for, and which way to proceed therein,
toward the making his finall subdivisions, and to report their opinion therein
to the Councill, at their next meeting, on Fryday next.

Dublyn, the 20th of December, 1654.

Tho. Hebbebt, Clerk of the Councill,

By the Lord Deputy and Councill.

Order formean- Whereas D^ William Petty hath contracted and undertaken

and the ntea to to suTvey and admeasure all such forfeited lands in Ireland as are
^pai^ Ice. 20 to Ij^ eett out for satisfaction of the arreares of the army, together

with such other lands as did formerly belong to the Crowne, arch-
bishopps, bishopps, deanes, deanes and chapters, and other persons belonging to
that hirarchy : ffor the better and more effectuall carreying on of the said worke
itt is ordered, that the said D' Petty, or such as he shall under his hand and
seale appoint therunto, be and are hereby authorized to cause, from time to time,
such and soe many persons to asist him or them as shall be fitt and able to shew
the meares and bounds of all such lands as are to be surveyed as abovesaid ; as
alsoe such other persons as he shall thinke fitt to stand as markes to lead the
chaine, or carry a spade for making of marks necessary for the said worke, hee
paying to every of the said persons by him or them imployed, such reasonable
rates for the respective paines as shall be thought fitt by the Commander in Chief
of that precinct where the lands lye, or by any one or more of the justices of the
peace of the said county, or by the sherriff or undersherriff, or commissioner or

commissioners

( 40 )

comi88ioners of the assessment of the said county where the said lands soe to be
surveyed doe lye, not exceeding twelve pence per diem to every bounder, and
eight pence per diem to every marksman or spademan ; and all officers and mi-
nisters of peace, justices, and officers and souldiers of the army, and all other
persons, are to be aiding and asisting unto the said D** Petty, or his assignes, in

the carrying on of the said worke.

Dubljm, the 20*** of December, 1654.

Tho. Hbbbbbt, Gierke of the CouneilL

By the Lord Deputy and Councill.
Ordered,

Order for M' That Benjamin Worseley, Esq., Surveyor-Generall of lands in

D^^Petty^a^^ Ireland, doe from time to time, as there shall be occasion, and
stracts of the uppon request of D*" Petty or his agent, deliver unto the said D^

retnms of lands ^ . • » • #* « /•

forfeited. 21 o^ nis agent, abstracts 01 the retumes from the countyes of
i>«c- '654* lands forfeited, for his better direction in the admeasurement of

those lands.

Dublyn, the 21 December, 1654.

Tho. Hebbert, Gierke of the Councill.

But, to retume to the manner of proceeding uppon the survey and subdivi-
sion above-mentioned :

7^ Gommittee relume the BeporlfoUcwinff:

May it please your Excellency,

In obedience to the reference of your Lordshipp and the Coun-
Committee°^ * ^^^'» dated the 20^ instant, we have taken into consideration what
toaching the m^y }^ the best way and meanes how D^ Petty may begin the
veyandsubdi- Survey by him contracted for; as alsoe how hee may proceed
vWmi, 15 Dec', therein towards the making of his finall subdivision ; and having*

with the advice and asistance of diverse other officers of the army
largely debated the same, doe humbly offer our opinion therein, according to
the particular heads ensueing :

I St. That the Surveyor-Grenerall be desired forthwith to prepare and deliver
to D' Petty a particular account of what lands have been surrounded, and re-
turned to him ; as alsoe to send for and to get an account of the lands surrounded,

and not yet returned to him.

2dly. That

( 41 )

adly. That the Committee for the Civill Survey bee required, within thirty
days after notice hereof, to retume an estimate or extract under their hands, of
all the forfeited lands, both profitable and unprofitable, acccording to their in-
structions, in their respective countyes.

3dly. That, to that purpose, letters efiectuall be written by your honours to
the said Committee for Civill Survey, and that the agents for the army in the
severall parts bee required to attend the said commissioners, to exspedite their
worke, in the severall countyes where the lotts doe fall.

4thly . That the register for the court of claimes be required to returne unto
the register of forfeited lands, a particular of what lands within the ten countyes
have been allowed on passing the claimes by that court.

5thly. That out of the surrounds and extracts returned, a totall of all the
lands forfeited bee prepared by the Surveyor-Generall.

6thly. That the Commissioners for stateing the accompts of the army be re-
quired, within twenty days, to bring in a regimentall and totall debt of the
army since the year 1649 » ^o^ already disbanded, who have received land for
their arreares, excepted.

7thly. That the said Commissioners for accompts be likewise required to
bring in another distinct list of all arreares allowed, and on the same security
with the army since 1649, ^^^ hitherto have received noe lands for their arreares.

8thly. That if, when the whole debt and credit is ascertained, itt shall ap«
peare that the forfeited profitable land shall be found unsufficient to satisfie the
said debt, that then the same be proportioned one with another equally, as part
satisfitction to the army.

9thly. That the respective agents for the army be required, by the first of
Ffebruary next, to meet at Dublyn, and proceed to a regimentall subdivision,
according to the credit ascertained and apportioned as affbresaid ; and that, where
any agents are absent, others may be chosen to supply their places. And that
when such regimentall subdivision is made uppon an estimate of the debt and
credit as afibresaid, D' Petty be required to proceed to a downe survey of the
whole, and to begin for such regiments as your honours shall thinke fitt forth-
with.

Signed in the name and by appointment of the
rest of the referrees,
Dated 25 Dec', 1654. Hab. Waixbb,

XBJsa ABGH. see. G Whioh

( 42 )

Which shews that the foundation of satisfying the army by a
thereon?^^"* 9M<?to pars of satisfaction was layd by that Committee, even be-
fore any thing was begun in the survey of lands ; and that it was
intended that the survey should bee begun uppon the lot of some certaine regi-
ment, whereby the lands belonging unto the same might be admeasured, and
immediately thereuppon the subdivisionall lines strucke off; the which, being
to be all streight, need only to have been pricked off in the house, and thereby
directions given to the meanest capacity of the persons concerned, to have the
same done uppon the land it selfe, especially when such persons had soe lately
seen the admeasurement and meares of it.

Which method of proceeding, as it was the best, soe it was that only where-
unto the D' was obliged, as appeares alsoe by the D" being to bring in the ac-
compt of such subdivisions marked uppon the plotts within thirteene moneths,
that is to say, as soon the plotts themselves were brought in, and not, as he was
afterwards forced, to performe the downe admeasurement first, and then to sub-
divide two yeares afterwards, when the mearers were fled, the surveyors dead,
the marks on the land worne out, the ratts had eaten the originall plotts, and a
new interest risen up, for shewing different meares at the subdivision from what
were shewen at the first admeasurement, the making of grosse geometricall sur-
rounds mentioned, article of the contract, and the commenceing the twelve
moneths time of the probation of the whole worke from the ending of the sub-
division, are all arguments of the same truth.

Ffrom whence may be imagined the prejudice the D*" suffered in being
forced to performe the one soe long after the other, and that in soe broken,
doubling, distracted, and dilatory a manner, as hath begot him much inconve-
nience without profitt or thanks.

CHAPTER VI.

F FORASMUCH, therefore, as the subdivision could not be put in hand
without their previouse computation of debt and creditt mentioned in the
above report, and that, partly through the insufficiency of the meanes, greatness

of

( 43 )

of the worke, with the slackeness and diversion of the agents, there appeared
noe hopes to effect the same speedily, as indeed nothing considerable was done
therein untill May following.

The Doctor, to loose noe time, did send forth many workemen into the
nearest countreys, as that of Dublyn and Meath. In the first whereof occurred
innumerable parcells of land to be measured, under fourty acres each, and many
more of the same size were exspected in other places.

Whereuppon the D^ conceiving the same necessary to be done, and yet
himselfe not at all obliged thereunto by his contract, acquaints the Councill
therewith, who, for removall hereoff, and of other obstructions which they
foresaw might happen, did appoint a Comittee by the following order :

By tfie Lord Deputy and Councill.

To the end that the survey es undertaken by D*" Petty, of all the lands in
Ireland forfeited to and disposeable by the Commonwealth of England to ofE-
cers, souldiers, and others, uppon accompt of arreares, publique faith, debts, &c.,
may receive all due encouragement, and what may interrupt the progress thereoff
bee seasonably redressed. Itt is ordered that Robert Goodman [Goodwin], Esq.,
and Colonel Mathew Thomlinson, both of the Councill, together with Sir Hard-
ress Waller, Commissary-Generall Reynolds, Collonell Uewson, and Collonell
Lawrence, or any three or more of them, whereof the said M"^ Goodwin or Collo-
nell Thomlinson to be one, &c., be, and they are hereby constituted and ap-
pointed a committee to consider off and take care that the said surveys be not
interrupted or obstructed. And in case any question, difficulty, difference, or
controversy shall arise, which casually may obstruct or retard the progress of
the said survey or admeasurement, the said Committee as afforesaid are hereby
impowered and authorized to hear, examine, and determine all such differences
and controversies thence arising ; and such their determination to be definitive,
conclusive, and binding, to all intents and purposes. The said Committee are
alsoe desired to set apart Tuesdayes and Saturdayes, in the aftemoone, to pro-
ceed therein, or at other times, as occasion may be administred.

Dublyn, 9th January, 1654.

Tho. Hebbebt, Clerk of the Councill.

The above mentioned controversie was brought to the said Committee, who,
having by this time been possessed by the enviouse, casheired surveyors, that

G 2 the

( 44 )

the D" gaines would be great) grew severe. And Mr. Worseley, finding him-
selfe overseen in making the contract as to this pointy tooke great paines to find
out salvos for such his inadvertency ; for, after he had written many polemical!
sheets uppon the subject, pleasing himselfe, as he usually does, with distilling
pretty inferences out of some one mistaken ground, and a laboriouse shuffling
the words relatively, exclusively, and subordinately , hee wasfeigne to conclude
as folio weth, viz^ :

(Fforasmuch as all contracts and articles, when many and large, cannot easily
bee soe framed and claused but that an advantage may be taken, to the preju-
dice of the contract it self, if no equity in such cases, in order to preserve the
body of the contract, should bee allowed, against the seeming sence of the
words ; and if the grammar of the words should, against such an equity of the
words, bee enforced, the Commonwealth could bee at noe certainty in their
agreements.)

Whereas the D^ said, that if the grammar in three severall places, together
with a general rule, strengthned with exceptions, should not take place of a
wire-drawne equity, brought mearly to excuse tithing of mint and cummin, and
neglecting the weightier things of the law, that the poor subject could never
bee at any certainty in his agreements.

Lastly, Mr. Worsely perswades the Committee to determine in these words :

That, according to the contract, all forfeited proprietors lands were to be
admeasured ; but that, if the same should hereafter bee found in soe many very
small parcells as that the contractor should suffer, itt was thought fitt that a
further allowance should be made, according to good conscience.

In brief, this controversy grew soe high, some argueing for their honour,
and others for their preservation, that the whole was at a stand for some dayes,
untill, seeing where the shooe pinched, the Doctor fituned a new body of articles,
admitting him into the worke and wages, which, when he had a little disguized,
to make it seeme his owne, he liked soe admirably well, that he signed and pre-
sented it to the Committee, the principall points whereoff were these, viz^ :

I St. That the lands be surveyed according to the proprieties and denomina-
tions, noe surround exceeding 350 acres, which in the other contract was but
fourty.

2dly. That all gleab and mensall land be surrounded, whether they lye in
parcells small or great.

3dly. That

( 45 )

3dl7. That the artists to be imployed be paid by the chaine and angle.

4thly. *That an Examinator-G^neral reside at Dublyn.

jthly. That seaven souldiers and a corporall be allowed to waite uppon
each instrument.

6thly. That four pounds a thousand acres bee allowed as advance for what
shall be dcwne admeasuiredy and five pounds for what shall be both measured
and subdivided.

ythly. That the D' be allowed 2000^, and the pay of fifty foot souldiers,
for thirteene moneths, viz^, neer 700^ more; in all 2700^, for his paines.

8thly. Memorandy here is noe mention of reimbursing the charge of the
groBse surround, viz^, about 2000".

pthly. Nor of what Mr. Worseley himselfe is to have, which cannot be less
then the Doctors.

Soe that^ allthough the worke propounded in this latter forme be not soe
great as the other, yet the charge uppon the whole will be far greater. Tis
true, indeed, that here appeares a demand but of five pounds per thousand,
whereas 7^ 3* 4^ was given in the other, which uppon about two millions of
acres saves 4000". Now against that gaine sett the 2700^ for D'' Petty, and as
much more for M' Worseley, and 2000^ reimbursements, making in all 740a" ;
and one hundred mens eight . . . per diemy viz*, fourty . . . per diem for the
souldiers waiting uppon one hundred instruments, for about three hundred and
sixty, or three hundred and ninety dayes, making 14,400^; in all, 21,800*'.
The ballance will be about 18,000^, viz^ so much less to the State; that is as
much againe as the whole cost them uppon D*" Pettye^s contract. And* this
M^ Worsley signes freely, and calb it an exspedient for removing the above
mentioned instruction.

The which exspedient, and the giving forty shillings per thousand, anno Do.
1653, for what was not worth forty pence, deserves him the pay he demanded,
as for two Surveyor-Generalls ; ffor lis but reason the Surveyor-Generall should
be paid double, when his underlins are more then quadruple.

This expedient had certainly taken, but that one unluckily objected that
the Steele and iron in those eight souldiers swords would distract the needles
play ; nevertheless, Mr. Worsely seeing that the exclusion of him from the
worke was not my fault, he assented to some explanations of my first articles,

viz*.:

1st. That

( 4<S )

I St. That if the small parcells uppon which the controversy arose were
measured, that then the distinction into forty acres (though both needless and
impracticable in his animadversions) should be dispensed withall.

2dly. That the thirteene moneths terme should not begin from the 1 1*** of
December, but from the first of February, for redeeming the time lost by this
obstruction ; and lastly, that the reimbursements, which were to be gradually
disburst, should be forborne till the last: all which was honestly performed, for
in that criticall enumeration of all faults, non-performances, &c., exhibited by
him the i8^ August, he never mentioned any of the said matters, allthough the
said explanations were never formally sealed and perfected, having been but
only written and wittnessed.

CHAPTER VII.

THIS obstruction being removed, wee retume to our worke. Now, all-
though that obstruction lasted some while, yet were not the officers ready
with their quota, or propoition, by which wee might performe the graduall
subdivision intended. Whereffore, wee proceed uppon the downe admeasure-
ment alone, giving to the surveyors the following instructions, consonant to the
above articles and explanations ; and the which, being printed, were not distri-
buted untill the Councill had seen them, the same, by their owne directions,
being brought to them for that purpose.

Instructions for surveying and admeasuring the forfeited and other the Common-
wealths Lands in Ireland.

I St. Tou are to admeasure all forfeited lands, bee they in parcells great or
small, subducting by admeasurement such unforfeited lands as shall be encom-
passed by them.

2dly. You are to distinguish by admeasurement the profitable fix>m the un-
profitable, or retume by good estimate the aliquot part of the same, in case the
one lyes dubiouse and confused, or in very many and very small spots among the
other.

3dly. In

( 47 )

3dly. In case any unprofitable lands shall lye in parcells of above five hun-
dred acres, all entirely unprofitable, you then, admeasuring the same according
to its utmost bounds, as the same shall be either bounded by the outmeares of
the barrony wherein it lyeth, or by other profitable lands, are not to admeasure
the same into other smaller or lesser parcells then as they lye.

4thly. Tou are to retume by admeasurement how much belongs unto each
delinquent proprietor, unless many forced proprieties, being contiguouse, doe all
of them not make up a parcell of fourty acres, ffor you may there (having sur-
rounded the whole) retume the parts by estimate only.

5thly. Tou are to surround the outmeare of each barrony, even all though
there should bee noe forfeited lands in the same, and therein to give the true
place and scituation of each of the parcells by you admeasured, unless the for-
feited lands lye wholly surrounded with unforfeited, and one mile distant either
from the barrony meare, or from some other forfeited lands ; in such cases, if you
can not find the said places and scituations by intersections to some eminent
marks standing thereon, you are then to doe it by estimate, and the best infor-
mation.

6thly. As for the lands lately belonging to the Crowne, or to any arch-
bishopp, bishopp, deane, deane and chapter, or other officer of that hierarchy,
in right of his or their office, as alsoe of gleab or mensall land, you are to ad-
measure and divide them into the lowest usuall denomination of the countrey
wherein they lye, due distinction being made betweene the profitable and un-
profitable parts of the same as afforesaid ; the which you are to distinguish, in
your barrony plotts, both from the forfeited lands, and allsoe from one another,
by soe many proper coloures as are requisite to exspress the severall varieties
of the same.

7thly. When any parcell of land forfeited, formerly belonging to any one
person, shall extend it selfe into severall barronyes, and be scituate part in one
barrony, part in another, there you are to distinguish and admeasure, by the in-
strument, soe much of the said parcells as shall lye in each respective barrony,
returning the same in your mapps and books accordingly.

8thly. You are carefully to describe the bounds of each surround you make,
and the nature of the land surrounded, as first whether it be profitable or un-
profitable, and then of what species or kind each of the said land is, as whether
the profitable be arable, meadow, or pasture ; and even of what sort or sorts the

pasture

( 48 )

pasture land it selfe is, as whether it be boggy, heathy, fursy, rocky, woody,
iDountainouse, and the like, &c. The same distinctions are to be likewise made
in a very ample and exact manner, in all unprofitable lands exspecially, hereby
to give the grounds and reasons of returning the same for unprofitable.

pthly. Tou are allsoe to note the quality and difference of all your meares,
as whether the same be a wall, ditch, banke, hedge, river, bogside, ridge, valley,
&c., noting all the permanent and conspicuouse objects, as churches, castles,
houses, rathes, trees, great stones, hedge comers, &c., that you shall meet with,
in or near your said meares on either hand; that by them, together with the
speciall marks which you are to make with the spade, the said meares may be
the more easily trod over againe ; all which marks you are to gather into a list,
as pertinent to the description of each surround.

lothly. In all common land, whether profitable or unprofitable, you are to
mention the names of such places or persons as have commonage in the same,
with the proportion belonging unto each of them.

I ithly. Tou are by intersections to determine the true place of all townes,
churches, castles, knowne houses, hills, raths, &c., within each respective sur-
round, and to be frequent in making such observations, for the better examin-
ing and correcting your worke.

i2thly. Tou shall take good notice of allhighwayes and rivers, noting their
breadth and depths, together with the falls and islands in any of them.

And where you come uppon the sea, or navigable rivers, you are by inter-
section to observe the wideness of the harboures mouth, biggness and distance
of islands or rocks, the place of the bar in barred havens ; and you shall alsoe in-
forme your selfe of the soundings, anchorage, course of channells, the place of
sands and shelves in or about any of the afforesaid harboures or places.

I3thly. Tou shall measure the heighth of all notoriouse high hills and moun-
taines, describing their feet and manner of rising, together with their names and
true places, as before directed.

Other InstrucAona touching ihe Bcdd Admwuurement,

I St. You shall protract your worke uppon single sheets of large papers, by
a scale of forty perches to the inch, by which way allsoe it is to be cast up, pro-
tracting thereon noe more surrounds then it will receive of such as are entire,

leaving

( 49 )

leaving the imperfect (but allowable percloses) with their faults unaltered or
corrected.

2dl J. Tou are to sett together the surrounds layd downe as afforesaid into a
barrony platt by a scale of eighty perches to the inch, exhibiting and repre-
senting the scituation and connexion of each of the said surroimds, the one to
another, with coloures distinguishing and encompassing soe many of them as
goe to make up all and every of the parishes contained within the said barrony.

3dly. The said barrony plotts, be they great or small, are to be reduced,
from the severall scales above mentioned, unto such other scale as may make
one of the said sheets of paper fittest to receive them respectivelyi and you are
often to compare and examine yoiir instruments, chaines, scales, and pro-
tractors.

4thly. Those that protract themselves are to doe the same in the presence
of two other swome surveyors, shewing unto them the respective fault of each
perclose, the which, if allowable, they are to vouch under their hands; and
those who doe not protract their owne worke are to cause the same to be done
by some other swome person, who is either paid for the same by the day, or by
some other way which may not enduce him to allow of and pass defective worke
for good and allowable.

5thly. As for the trueth of the ffield-books, you shall, as often as you see
occasion, cause some angles or sides, or both, to be measured (unknowne to the
measurer unto whome the measuring thereoff is allotted), thereby to examine
any sophistication of the said field-books.

6thly . The common lines of each barrony are to be run together by two
distinct measurers at once, their respective servants keeping double reckoning
of the chaines alsoe.

7thly. As often as conveniently you can, you shall protract yoiir large sur-
rounds before you doe the in worke of the same; neither shall you allow of such
inward lines as you iiave taken by intersection from the outmeares, untill the
said outmeares bee approved of by protraction ; and when you shall correct
any worke by tyeing lines, you are to select and run for that purpose such lines
as may allsoe subdivide the said great denomination into its severall proprieties
and qualities, according to the rule aforegiven.

Sthly . Tou are, if possible, to have such bounders as shall be recommended

by the jury that gave information to the Commissioners of Civill Survey, cans-

IRISH ABCH. soc. H ing

(■ 50 )

ing them to be either sworne, or subscribe before good wittness unto the trueth
of the bounds they shall shew unto you.

gthly. Where the meares are not certainely knowne, but two are offered as
likely to be them, there you are to take notice of both, yiz^, of the most likely
by admeasurement, and of the other by estimate, making extraordinary marks
at all such places, and recommending them to the countrey, and exspresseing
the controversy about the said meares in your respective retumQs.

lothly. Where you meet with any notable impediment to the performance
of the within instructions, as the difficulty and unfittness of the said lands to be
admeasured, as being overflowne, &c. ; or the want of bounders, guards, provi-
sions, long and great raines, wind, mists, &c., you are to take notice, by your
selfe and other good witnesses, of the same.

iithly. You are to retume your originall and first plotts or protractions
aforementioned, together with authentique transcripts of your field*bookes, with
all allterations made afterward in your worke, well attested and vouched, as alsoe
a booke of reference thereunto belonging, together with the barrony plotts as
afore mentioned, with the names of the conductors, measurers, protractors,
bounders, chaineroen, guards, and of all others that were present at, or had any
hand in that respective survey, with the places of their dwelling, that they may
uppon occasion bee enquired of concerning any particular thereunto relating.

Things being in this forwardness, the D' proceeded to make contracts with
the severall persons hee imployed, viz^, with such surveyors as had lately been
imployed uppon the grosse surrounds, and others who had wrought on former
surveyes, commonly called, or calling themselves, the old surveyors, and alsoe
such as had been more lately instructed and excercised in that faculty.

Itt is to be here remembered, that by the report of the 24th September, it
appeares the D*" undertooke to reimburse the moneys exspended on the gross
surrounds, provided they endured proofe, whereunto himselfe was lyable ; soe
that, in order to this proof and examination, the following order issued, the
which order the Surveyor-Generall receiving, and the said surveyors comming
to demand their monyes, twas desired their worke might be examined accord-
ing to that proposall and the CouncilFs order. But the said Mr. Worsley,
uppon pretences that the said examination required an additionall charge, and
for other reasons, knowne indeed unto himselfe, but suspected by others, the
thing was not done; whereuppon great wrangles arising, for quietness sake the

Doctor

( s» )

Doctor was forced to assent to tbe said surveyors having their forty-five shil-
lings per thousand, and to allow them 3" 5* more ; in all, 5^ io% that they might
undertake the said worke anew, according to the D" articles.

And in particular, M' Jackeson, of Limericke, though he had done none
of the grosse surrounds by him formerly undertaken, had 5" 10* for whatever
the Doctor had 7^ 3* 4^ ; and for what the D' had three pounds, others that
went on new worke had four pounds ten shillings, and forty-five shillings, on
the same grounds.

There were allowed to examiners and other house workers 100^ per awaum^
to some of them more, to others 80", to few less.

Hee agreed with others by the lump, for soe many barronyes, wherewith
themselves were well acquainted, to avoid the temptation which might arise
from dealing by the thousand ; withall agreeing with them to admitt of an
inspector of his owne appointment, to oversee their performance, even in the
field.

With some he agreed by the number of chaines and angles only ; hee agreed
with others to be ready uppon all extraordinary occasions of subdivision, or
of correcting errors, repairing omissions, &c., allowing them certaine rates for
their works, and other rates for their travelling charges to, from, and betweene
the several places of their employments.

All which persons, besides their oadies, gave bond to perform their respec-
tive undertakings^ according to the articles of the eleventh of December, which
the D' himself had entered into with the State; and were brought in person to
the Councill Chamber, about the eleventh of March, 165I, to justifie their re-
spective performances; the which they allsoe verified by certificate under theb
hands, endorsed on their printed instructions, according to the following
forme:

I, A. B., &c, having been duly swome, doe hereby certifie that the barro-
nyes of C. D., in the county of E., have by myselfe, and sufficient assignees and
partners, been surveyed and admeasured according to the instructions within
printed, and given unto me by D' William Petty, especially according to the
most materiall and essentiall parts of them^ viz\, by returning the true quantity,
quality, ffigure, scituation, name, proprietor, bounds, and buildings uppon, &c^
of all and every the paioells and surrounds of lands directed to be admeasured
together, the names of the meeresmen, and of their dwellings, who shewed tbe

H 2 said

( sa )

said lands ; all which I have performed and examined according to the best of
my care, skill, knowledge, [and] information. Given under my hand, the &c.

All which was yet further corroborated by other certificats of unconcerned
examinators, in the following forme :

Wee, whose names are hereunto subscribed, doe certifie that wee have been
imployed by D' William Petty uppon and about the survey by him undertaken,
by vertue of a contract, bearing date the nth of December, 1654, betweene
Benjamin Worsley, Esq., on the one part, on the behalfe of the Commonwealth,
and the said William Petty, on the other part; and have been all and every of
us paid, for our labour therein, by yearly salary only. And wee doe further
certifie, each of us for his owne respective worke, that wee have examined the
severall barronyes undernamed, by joining the common lines of severall mens
worke, by reprotracting each line and angle according to the originall field
books, by comparing each surround with the abstracts or catalogues of lands to
be surveyed, received from the Surveyor-Generall's office, and by casting or
recasting up of the contents of every surround ; and in order thereunto have
severall times, as often as their was occasion, rejected such faulty worke as hath
been brought unto us, and caused the same to be corrected, in the ffield and
otherwise.

Wee have, moreover, examined the severall transcripts and copies^ both of
the plotts and references, vouched by the said D*" Petty, and to be given into
the Surveyor-Generall's office^ and doe find them to agree with their respective
originalls given in by the respective authors of them ; all which wee have per-
formed according to the best of our skille and knowledge; and doe each of us
believe, in our judgements and conscience, that the said survey es have been,
uppon the whole matter, well and sufficiently performed.

Tho. Taylor. Wm. Morgan.

Ed. Lucas. Wm. Trevis.

Geo. Baldwin. Rice Llotd.

Jo^. Vise. Wm. Brudenel.

Ffor the further confirmation of all which, and for the wiping of some other
dirt, I shall interpose the

About September following, viz^ after above six moneths pawse and con-
sideration, the Councill entrusted the direction of another, neer as great and

the

( 53 )

the like kind of survey, unto the D', with an honourable allowance for the
same ; and even the Surveyor-Generall, M' Worsley himselfe, by an instru-
ment under his hand, dated the id"" of September, 1656, prohibited any to be
imployed in this second great survey but such as had been before imployed
by the said Doctor, and withall soe farr allowed of the reasonableness of the
wages which the D*" allowed his surveyors, viz^ three shillings per mile, that
by the same instrument he thought noe oppression to the same persons to be
allowed but two shillings.

Before wee leave this point, it is to be noted, that the Doctor furnished all,
or most part of all those surveyors with circumferenters, chaines, protractors,
links for chaines, needles, rulers, royall paper, mouth glew, tents, protracting
boards, compasses, &c., sending them into the country, uppon accompt, all things
whatsoever they sent for ; furnishing them many times with extraordinary
hands, uppon extraordinary occasions ; made up their worke fair for them, when
they had finisht it in the ffield ; tooke off their obligation to subdivision, when
twas inconvenient for them to waite uppon uncertaintyes ; paid them their
moneyes before due, uppon rebates ; as also when accompts were difficult to be
made up, or notes and receipts lost, he compounded with them by the lump,
&c. ; and uppon all which accompts, and alsoe by reason of severall unexspected
emergencies, which did often disturb the nature of the severall contracts, some-
times controversies did arise, and different understanding of our articles, in all
which cases the Doctor ever used to state the case in writeing, bidding the
parties against him shew the same to their friends and councill, desiring nothing
more of them but that they would not misrepresent the fact ; and did allways
ofier the determination of any matter of right, either law or equity, unto indif-
ferent persons ; by which meanes he never had any suit of law, and but one
complaint to the Councill, and but one arbitration, uppon the numerouse, intri-
cate contracts which he had occasion to make.

CHAPTER

( S4 )

CHAPTER VIII.

HAVING thus put in hand the admeasurements, the D*^ next proceeds to
make what benefitt he could of the surveys of Upperary taken In the
Earle of Strafibrds time, by vertue of the afore-mentioned generall order of the
20**^ of December, granted him to that purpose. And first he enquired into the
nature of those surveys, by consulting what opinion others had of them, and
particularly by the following report:

By &e Lord Deputg atnd Caimeill :
Ordered,

That the Surveyor-Grenerall of lands doe deliver unto ly William Petty the

surveys of such, the severall barronyea of the county of Tipperary, together

with the bookes and other appurtenances belonging to them, as are sett out

for satasfaction of the army, the said Surveyor-Grenerall taking a receipt fx the

same, together with an engagement for the said D' to redeliver them uppon

demand.

Dublyik, the 14^ of May, 1655.

Tho. Hebbbbt, CUrk$ ofAaCaumtiU.

By the Canunisdaner^ of the Comnumwealth of England for the Affoiru

of Ireland.
Ordered,

That it be referred to Benjamin Worseley, Esq., Surveyor-Generall, and
Major Symner, to consider of the several surveys, books of survey, reference
plotts, and other papers returned about the admeasuring the county of Tippe-
rary, and what barronies have been admeasured in the said counties, and what
papers, plotts, or books relating to the said barronys respectively are perfect,
and such as may be relyed uppon; and what other barronyea they conceive a
necessity of admeasuring againe, and which of them.

Dublyn, the 22^ of June, 1654.
Signed by order of the said Commissioners,

Tho. Hebbbbt, Secretary.

To

( 55 )

To the Honourable Commissioners of the Commonwealth.

According to your Honours order of reference of the 22^ instant, to consi-
der of the severall surveyes, bookes of reference^ platts, and other papers rela-
ting to the admeasurement of the county of Tipperary, which are in the Com-
monwealth's custody, and to report what barronyes have been admeasured in
the said county, and what papers, platts, and books of survey belonging to the
said barronyes respectively are perfect and to be allowed, and what are imper-
fect, and whether any barronyes in the said county doe remaine to be admea-
sured, and which they are, wee humbly certifie as followeth :

That wee have perused certaine small books bound up in parchment, and
entituled: the i, barony of Ikerine; 2, Eliogarty; 3, Eilnemanagh; 4, Kilne-
longer; 5, Ueagh; 6, Upper Ormond; 7, Lower Ormond; 8, Arra; 9, Owny
MuLrian; 10, Ownybeg.

On the outside of each of which books is sett downe likewise the names of
the parishes respectively belonging to that barrony.

In the inside of the booke, before every parish, is sett downe the names of
the jurorSy being generally six in number, and underneath the said names this
memorandum written, that they being all duely swome uppon the holy Evan-
gelists, have sett forth the bounds and meares, names and by-names, of all the
quarters, plowlands, and other denominations of lands lying in the parish of

, together with all the owners and proprietors of the said lands, their

names and by-names, to be as follow, and to the said information have at the'nd
thereof subscribed their names.

In the next place is sett downe the names of the surveyors who admeasured

the said perish, with this memorandum, that swome admeasurer for the

parish of , doeth present, uppon his oath, the true quantities and quali-
ties of all the severall lands lying in the parish of , to be as followe, and

to the said presentment hath, at the end hereoff, subscribed his name.

The method and proceeding in the description of every parish is as fol-
loweth :

I St. The number of surrounda made by the instrumenty in each parish re-
spectively, is sett downe, together with the quantity of land contained in each
surround, according to the denominations, as one plowland, ^, ^, or ^ of a
plowlandy &c.

2dly. A description

( S6 )

2dly. A description of each surround, more particular, according to the
name of the land soe surrounded ; the quality of the said land, as arable, pasture,
meadow, timber- wood, shrubby wood, and bogg ; and this againe into wast and
into that which holds a proportion, as i, ^, ^ or ^, in value, as we conceive, to
that which is profitable and good ; 4th, the names of the proprietor or proprie-
tors who have lands within the said towne soe called or distinguished, or a note
of the said lands itts being in controversy ; 5 th, the quantity of acres in the said
towne, distinguished according to the quality; 6th, the number of reference,
both to the county map, to the barrony and to the parish mapp.

3dly. Att the end of each surround is an observation made of what castles,
houses, mills, or other edifices, as alsoe what mines or other emoluments, were
found uppon it.

4thly. Where any parcell of land belonging to any towne is severed or
lyeth in common, there the same particularly is surrounded, and the quantity,
quality, name of the proprietors of itt, exsprest; the severall surrounds of the
parish being described, the whole number of acres is sett downe, with an index
of the observations in the said parish, and another index of the proprietors' names,
and another index: afler both these two certificates, the words of the first being
as foUoweth :

Soe are the true meares and bounds of all the lands lyeing in the parish of
. . . . , together with all the proprietors of the said lands, uppon our oaths, and
to the best of our knowledge. Wittness our hands. Underneath are writt the
jurors names.

The words of the second certificate are these : Soe are the true quantities and

qualities of all the severall lands lying in the parish of , uppon my oath,

and to the best of my skill and knowledge. Wittness my hand. Underneath
which is the name of the surveyor of the said parish. The dates of the cer-
tificats being not exspressed.

And the like method and forme wee observe to have been followed in all
the said parishes within every of the said barronyes respectively.

Wee further humbly certifie that, besides the sayd books, wee find a very
fair county mapp, containing the severall barronyes before described to be ad-
measured; as alsoe other smaller mapps of particular barronyes, and of particu-
lar parishes, most of which, soe far as wee can discover, are very entire and
perfect. The said plotts or mapps exspressing alsoe the quality of the said land,

whether

( 57 )

whether arable, pasture, or meadow, &c., and how the same is respectively
scituated in each land.

Wee further certifie that all the barronyes of the said countyes of Tipperary
appeare to have been admeasured, and plotts of them returned, save only the
barrony of Slevardagh and Compsy, and the barrony of Iffa and Offa, and Clan-
willian and Middlethird, of which Slevardagh and Compsy only doeth belong to
the souldiers.

Wee further certifie, that, besides these, wee find not any paper relating to
the said county of Tipperary ; but of some other counties, particularly of the
countyes of Gallway and Slego, wee find an office of enquiry, made by vertue
of a commission from the late King, of all that were reputed proprietors of lands
within each barrony of the said county distinctly, and what estates each of them
claimed, in posession or reversion ; and what or how many townes, quarters,
cartrons, or other quantities or denominations of land, any or either the said
particular persons held, and what were the severall name or names of the said
lands ; but neither the quality or number of acres, according to twenty-one
foot to the perch, or value of the said lands, were by the said commission to be
enquired afler, mentioned, or exsprest.

Uppon the whole matter, wee are humbly of an opinion, —

That as to the quantity of land, or number of acres contained in each bar-
rony, and within every parish or towne within the said barronyes respectively,
nothing can be exspected more exact thei^ what may be foimd in the papers,
books, and plotts of the said barronyes respectively mentioned. But as to the
quality of the said land, for what is returned wholly wast or unprofitable, or for
what is judged by them to hold only such or such a proportion unto lands good
and profitable, noe certainty, as wee humbly conceive, can in that case be given,
further then as your honours shall thinke fitt to allow soe much of it as shall
agree with the retumes of the countrey , as it shall be found by the courts of

survey.

All which, nevertheless, wee humbly submit.

Ben. Wobbeley.
M^. — That this report was approved Miles Symneb.

by the Commissioners.

IBI8H ABCH. see. I A Particular

( S8 )

A Particular of what Books of Reference^ Ffield Books, Conntt/ MappSf
Barrony MappSj or Parish Mapps, as were delivered to D^ Petty this
22nd of May, 1655.

B00KE8 OF Referbkgs.

Barrony of Upper Ormond.

Owny Mulrian.

Arra.

County Limricke, Owneybeg.

County Plotts.

TiPPEBARY.

Upper Ormond.
Barrony.

Ffield Bookes.

Ffield Booke of Upper Ormond.

Owny Mulrian.

Arra.

Ownybeg.

Eilnelongurty.

Kilnemanagh.

Barrony Plotts.

Kilnemanagh.

Upper Ormond.

Owny Mulrian.

Owneybeg, 2 pariah plotts.

Lower Ormond.

Arra.

Kilnelongurty.

Annameale.

Templedownine.

Latteragh.

Templederrey.

Eilnatieiafe.

Kilkenny.

Ballemachy.

Balligibbon.

Kilrowan.

Lisbonny.

Ballinacloghy.

DuUagh.

Kilmore.

Lower

( 59 )

Lower Obmond.

BalUngary— wanting.

Moderenny.

Ardcrony.

Nenagh.

Musea.

Dromoneir.

Eillodiemane.

Enigh.

Ffenogh.

Clogh-prior.

Barreskeene.

Uskean.

Eglish Qohan.

Tirraglash.

Balloghkeene.

DuYO [DurroJ and Bonahan.

Ealbirrane.

Lorhoe.

Babbovt

OWHETBEG

•

lO. J

OWNST MULEIAN.

Abba.

KmrSMANAOH.

{
[

Pabish Plotts.

Ownebeg.
Tough.

Killoscully.
Eilneragh.

Castletowne.
TougHalarra.
Burgee.
Temple-Ically.

Ballintample.

Tome.

Eilpatricke.

Outerleigh.

Clonolta.

I2

KiLNEMANAOH.

( 6o )

KlLKEMANAOH.

Donoghell.
Moyaliffe.
Clogher.
Castletowne.
Agherue — wanting.

ElLNELONOURTT.

Done.

Temple-oghtra.

Temple-beg.

Whereuppon I received what was extant and remaining of the barronyes of
Upper and Lower Ormond, Kilnemanagh, Kilndongurty^ Owney and Arra,, and
Owneybeg^ and since returned them, having the said survejres in his cus-
tody. Hee alsoe considered for what reasons Mr. Worsely, in pursuance of his
above report, did not make use of them himselfe, as to the intended satisfaction
of the army, without contracting for a new readmeasurement, the which, as
was conceived, must be the want of the bookes of reference, disagreements be-
tweene those surveys taken anno 1639 and the present civill survey, as alsoe the
difficulty of making subdivisions uppon them. On the other side, it was con-
sidered what reasons there were to meddle with them, the which reasons were
plainly and candidly these :

That the Doctor understood that the bookes of reference which were want-
ing were gotten into the hands of some of those officers whose lots were like to
fall in Tipperary, who, in case of any disagreement (betweene the new survey
now to be made and that allready in being), to their disadvantage, would oppose
that very reputeable survey of Straffi)rd sorely against the D".

adly. Itt was considered that, the people of Tipperary having more univer-
sally obeyed the orders of transplantation then other countries generally had
done, that countrey became soe uninhabited and wast, that it would be impos-
sible to find mearers to doe it tolerably well, much less soe well as to give such
new worke soe great a credit as the other allready had.

3dly. It was considered that many houses and improvements were now de-
molished, which were, anno 1639, standing; and many wett grounds, hereto-
fore pasturable, now became wholly bog, with other like alterations, which
might have proved a grievance to the army, and consequently a review was

thought necessary.

Lastly,

( 6i )

Lastly, that survey returned lands generally part profitable, whereas the
D' was to retume it wholly such, or wholly unprofitable, in conformity to the
Act of Satisfaction ; soe as he was alsoe for that reason necessitated to make
reviews, and withall to acquaint some able artist with the lands themselves,
that thereby he might be enabled to be dexterouse in the subdivision of those
barronyes, whensoever the same should be called for.

Ffor which purpose there was imployed a person, allready conversant in
those parts, uppon this worke, with the following extraordinary and particular
instructions, viz^ :

Instructions to be observed by D^ Patricks Raggett,

I St. You are, by the help of the respective jurymen, who did lately give
information to the Commissioners for the Civill Survey, to enquire for the lands
mentioned in the abstracts of the said civil survey, herewith delivered unto you,
under the names returned both in the said survey and alsoe in the admeasure-
ment taken anno Domini 1639, noting downe all along where the said lands are
called by severall names in [the] two severall surveyes.

2dly. As alsoe where the said lands are said to belong to severall barronyes
or parishes in the said two severall surveyes. In brief, you are to find out all
the lands mentioned in the old survey, enquiring which thereof is unforfeited,
as belonging to English Protestants, and to be ready with mearers that can shew
the bounds according to both old and civill survey ; and that the plotts now to
be given in, may [bee] (allthough the same with the old), notwithstanding,
marked with the names given in by the late civill survey, unless it appear that
any grosse error be in the same. Withall, you are to take care that the new
civill survey doe containe noe more lands then what is, though perhapps under
other names, mentioned in the old, which if it doe, then such overplus, not
being returned in the old, is to be measured by you.

3dly. You are to tread the meares according to the old and civill, and to
take notice how the plotts which you have agree with the lands it selfe, mark-
ing the scituation of the present bowsing, buildings, and other remarkable
things, with some character exspressing their condition and repaire.

4thly. You are to carry an instrument with you, and therewith, by intersec-
tions, to distinguish the profitable from the unprofitable land, according to the
present condition thereof, guiding your selfe, as to the quality, by the late civill

survey,

( 62 )

survey, your owne, and other good information ; giving all along the reason or
cause of the difference betweene the qualities of the same lands, as they are now,
and as they were heretofore returned.

Soe that you may, on the backeside of the plotts herewith delivered unto
you, marke out the division of the respective lands, and their buildings uppon
them, according to the names of the civill survey, placeing thereon the present
housing, &c., and alsoe distinguishing the qualities, as you shall now find them
by your owne view and observation.

I, Patricke Ragget, of Thurles, in the county of Tipperary, having been
duely swome, doe hereby certifie that the barronyess of Balleboy, Kilcorsy,
Coolestowne, Warringstowne, Ballecowen, Clonliske, Phillipstowne, and Bal-
lebret, in the King's County, have, by my selfe or sufficient assignes and part-
ners, been surveyed and admeasured, according to the printed instructions here-
unto annexed, and given unto me by D' William Petty, especially according to
the most materiall and essentiall parts of them, viz^, by returning the true quan-
tity, quality, figure, scituation, name, proprietors, bounds, and buildings uppon
and of all and every the parcells and surrounds of lands directed to be admear
sured, together with the names of the meeresmen, and of their dwellings, who
shewed the said lands.

And have reviewed, examined, and compared the survey and admeasure-
ment of the barronyes of Upper Ormond, Lower Ormond, of Owney and Arra,
of Owneybeg, and the territories of Kilnemanagh and Kilnelongurty, in the
county of Tipperary, by surrounding and treading over the meares of all and
every denomination of lands within the said barronyes, by the help and with
the asistance of a jury of the countrey, and doe attest the same to have been
well performed, according to the best of my care, skill, knowledge, and infor-
mation. Given under my hand, this lo^ January, 1655.

Pat. Raogst.

Soe that it cost the Doctor much labour to compare the said admeasure-
ments with the present civill survey, and to reconcile the different names of the
land, and distributions of them, into barronyes, parishes, and particular towne-
lands, before he could resolve to send out the aforementioned Patricke Ragget
to review it; and it cost him much in wages to the same person, before it
would be resolved whether, after all the said experiments and charges, the

whole

( 63 )

whole must not be done over anew ; by all wbicli it can be made appeare that the
said old suryey did not yeild much advantage to the Doctor uppon the whole
matter, that is, uppon downe admeasurement and subdivision, taken both toge-
ther, there having been soe much ventured to try it by the above mentioned
previouse examination and reviews. So that, in briefe, this old survey gave
the D' only an occasiou to play at hazard, and he had the good fortune to win,
though not one hundred pounds.

CHAPTER IX.

HAVING thus published our instructions, and made our contracts, wee
proceed uppon the downe admeasurement, doeing as well as we could,
since the army were not ready with their agreements, in order to subdivision,
according to their report of the 25th of December last ; nevertheless, the D*".
allways solliciting them to that purpose, and asisted them in what he could in
order thereunto, soe that about the beginning of May, 1655, ^^^ Councill were
pleased to give an order which produced the following report of the 9th of the
same moneth.

The principle points of the above mentioned proposalls, annexed to the
above report, being, that uppon the most exact computation of debt and creditt
which could be then made, the one answered to the other as five did to eight,

vizS to the satisfaction of twelve shillings and sixpence in the
rf"^?3^^ pound, hoping, nevertheless, that they might proceed uppon |, or

13' 4** per li. uppon which grounds it was offered, that the severall
regiments within the respective lotts of the provinces be directed forthwith, to
agree and determine uppon some points or places within some of the counties
of the said respective provinces, from whence they shall begin, and soe proceed
gradually to take their satisfaction for each of the said regiments ; as likewise
a method how they shall proceed from the first to the subsequent countyes in
each respective lott; and that orders doe issue forthwith accordingly, &c.
Whereuppon severall agents made such agreements, and there issued an order
of the 22th of the same, viz^ :

By

( 64 )

By the Lord Deputy and Councill,
Ordered,

That it be referred to the Coramissioners-Generall of the Revenue, and
M' Standish, Receiver-Grenerall of the Revenue of Ireland, to consider of the
agreement made with D'' Petty for admeasurement of forfeited and other lands
in Ireland; as alsoe of the generall vote of the councill of officers of the i8th
of December last, concerning the armyes proportion of the pay undertaken to
be made to D*" Petty, for his worke of surveying their lands allotted for their
respective arreares; and how the same may be reimbursed to the publicke
treasury, out of the pay of the army, and in what proportions.

They are further to consider how the monyes, from time to time payable to
D' Petty by the said agreement, may be had, to answer the engagement of
State therein ; and to offer their opinions herein with all convenient speed.

Dublyn, the nth of May, 1655.

Tho. Herbert, Gierke of the CoundU.

By the Lord Deputy and Councill,

Uppon considerations of the severall petitions of the officers of the army,
desireing that, forasmuch as the admeasurement of the lands throughout all the
three provinces is in some competent forwardness, orders therefore might be
issued for the putting of themselves and their respective regiments into posses-
sion of the arreares due to them ; and uppon consideration of the report of a
committee of certaine agents and others appointed to consider of the manner
and way how the satisfaction of the army may best be exspedited;

Itt is by the said Lord Deputy and Councill ordered, that the army be forth-
with put into possession of lands for the two-third parts of the arreares respec-
tively due to them, according to the rates sett downe in the Act for satisfaction
of the adventurers and soldiers, for the severall provinces of Leinster, Munster,
and Ulster.

And to the'nd that, in assigning or setting out the said lands to the severall
regiments whose lotts are fallen in the afforesaid respective provinces, the lands
soe assigned may be sett out together, without intervalls, according to the tenor
of the said Act.

And that the overplus of the lands, if any shall remaine in any of the said

provinces.

( 6s )

provinces, after satisfaction of two third parts of the said debt as aforesaid, may
lye entirely together, for the better convenience of the Commonwealth and re-
maining part of the army,

Itt is further ordered, that the severall regiments whose lotts are respec-
tively fallen in any of the said provinces of Leinster, Munster, [and] Ulster, bee
put into possession of their lands successively, one after another, each regiment
beginning to take their posession from the bounds of such places, where the lotts
of the respective regiments proceeding did respectively determine.

And that the said regiments may likewise the better know how to take their
respective satisfaction, according to the rule and prescription afibresaid, itt is
further ordered, that the agents for the severall regiments within the respective
lotts of the provinces aforesaid, doe agree and determine among themselves what
county of each province, and what barronyes in such respective countyes, shall
be first sett out unto them ; and doe further, by consent or otherwise, appoint
what regiment, troop, or company within such respective regiments shall be
first sett downe in the said barrony or county, and soe successively in the next
adjacent barrony or county, and the rest of the barronyes and counties follow-
ing in the said province respectively, untill all the regiments, whose lotts are
fallen in the said respective province, shall be satisfied the two third parts of
the arreares respectively due unto them as aforesaid ; all ways observing that the
additionall security to the said province shall not be taken by them imtill such
time as it shall appeare that the rest of the lands in that province is not suffi-
cient to answer the said two third parts of the arreares or debt charged uppon it.

And it is further ordered, that the severall agents of the said regiments
within the said respective provinces, giving in a list or particular to the Sur-
veyor-Gknerall, what barronyes or counties they desire may be first set out
unto them, together with the names of the regiments, or of such troopes or com-
panies in such respective regiment, as they desire may respectively be satisfyed
in the said barronys and countyes, and soe in the rest of the barronyes and coun-
tyes following in the said province as aforesaid, the Surveyor-Generall be re-
quired and is hereby authorized to give directions to such as are to admeasure
and subdivide the said lands, that the said barronyes bee sett out and subdivi-
ded to the said regiment accordingly ; the said admeasurers nevertheless strictly
observing the rules and prescripts above mentioned, 22^*^ May, 1655.

Tho. Herbert, Clerk of the Councill.

IRISH ARCH. SOC. K By

( 66 )

By which it appeares in what forwardness this vast worke was in the three
very first moneths of itts proceedure, and what it was allways the intention
both of the State and army, as alsoe of both the parties to the contract for sur-
veying, that downe admeasurement and finall subdivision should be carried on
together, and that regiment after regiment should be gradually and successively
dispatcht absolutely. Now, the reasons how the summ came to be altered, and
how D' Petty thereby was cast into great and unexspected hardshipps, will ap-
peare from the ensueing summary, viz* :

A Summary/ of the Proceedings of the Councill of Agents^ beginning ike 9'*

July, 1655, attihe Castle of Dublyn.

After severall dayes meetings and debates, they appointed out of their num-
ber a committee to consider of and propose unto the said councill such particular
things for their debate as they should conceive reasonable and meet, in order to
the armyes satisfaction of their arreares.

A returne of the said proposalls being made, and the councill having de-
bated the particulars, they ordered the afibrcsaid committee to draw up the
substance thereof into a petition to be againe offered unto them, in order to the
presenting of the same unto the Lord Deputy and Councill. The purport of
the said petition was, that a plenary satisfaction, notwithstanding the former
order for §, might be speedily given to their possession. To which petition
were added severall reasons for their said desire. The said petition was ac-
cordingly received by the councill of agents, and by the greatest number of
them signed, and delivered to the Lord Deputy and Councill, ^ho, uppon
consideration had thereof, did verbally referr it to the councill of agents, to
give them a further accompt how the disbanded party, and those who have
arreares due for service before 1649, sl^o^ld be equally provided for with them-
selves, if the foresaid petition should be granted.

Concerning Coniribution towards Relief of the Waldenses.

His Excellency the Lord Deputy meeting in the Castle-hall with severall
officers of the army, they together did resolve that that which should be pro-
posed in generall for the officers throughout the army freely to subscribe and
contribute towards the relief of the disti*essed Waldenses, should be a fortnights
pay, and for the private souldiers one weeks pay ; but severall of the officers

then

( 67 )

then and there present did subscribe, some a months pay, others 3 weeks, and

some one weeks pay ; and it is to be understood that the fortnights and the

weeks pay to bee proposed should not be exacted from any persons, or any be

compelled to pay the same ; but that such of the officers and souldiers as would

be bee therein should contribute, but otherwise nothing to be expected from

them.

Concerning the Arrearea of Widowsy 8fc,

A petition was drawne, and ready to be presented to the Lord Deputy and
Councill, that the widows, orphans, and maimed and impotent souldiers, might
be speedily put into the possession of their arreares ; but after some considera-
tion had thereof, they thought fitt rather, by Sir Jo° Reynolds and CoUonell
Sankey, to offer the same verbally, which was done accordingly ; and the Lord
Deputy and Councill returned for answer, that they would take care that the
said widows, &c., should be speedily satisfyed.

The councill made a report to the Lord Deputy and Councill, in answer
to that reference which concerned the disbanded forces, and the
arrears before 1649.

Notwithstanding which, the said Lord Deputy and Councill returned for
answer to the aforesaid petition for plenary satisfaction, that, for ought tinsn
appeared unto them, they did not thinke fitt to receed from their former order
for satisfyeing of two-thirds.

The next proceedings of the councill of agents was: they presented a peti-
tion to the Lord Deputy and Councill, that the profitts of all the lands belong-
ing to the armyes security might be assigned over into the hands of such agents
as the army should appoint, from May last, and soe to continue till the downe
admeasurement.

Certaine resolves passed the councill, which, in conclusion, they con-
tracted in this one, viz^:

That the aforementioned committee of agents should consider and draw up,
for the debate of the whole councill, such proposalls as they should thinke
conducible, in order to the making of a good and sound title to the souldiery
for'their lands which they shall possess for their arreares, and severall other
matters relating to the wellfare of the army.

The councill of agents being mett at the Castle, as formerly, the report was

K 2 made

( 68 )

made by the committee, of such matters which, in pursuance to the vote of the
1 8th of July, instant, they had prepared for the councill to consider of, which
were read, and severall of the heads thereof debated.

The answer of the Lord Deputy and Councill to the petition of the profitts
of the lands, &c., being made and read, it was considered of; and in regard
the same granted the profitts only of the ten counties, it was further resolved,
that another petition should be drawne, and presented by their next meeting, for
to procure the profitts likewise of the other security, and to be assigned over to
the agents as aforesaid.

Resolved, that the former committee who prepared the other business
doe prepare this against Munday morning.

A return of the petition ordered to be prepared for the profitts of the colla-
terall security being made, and read before the councill, they resolved that it
should be engrossed, and presented to the Lord Deputy and Councill; which,
being signed by the greatest number of the agents then present, was done
accordingly ; the substance of which petition was this : — That in regard the
Act doth not define a grosse survey, and they not knowing whether the ground
and limitation of the concession for the profitts of the moyetie of the ten coun-
tyes was granted by a gross survey or downe admeasurement, the Lord Deputy
and Councill would soe far admitt the grosse survey allready made noe way
contrary to any rule in the Act, as that the profitts of the coUaterall security
may be sequestred from the State's revenue, and deposited in a third hand,
till it appeare to whome of right it doeth belong. And further, that forasmuch
as, before they can proceede to the conclusive possession of the rest of their col-
laterall security, they are by the Act to take the overplus in the moyetie of the
ten counties assigned to the adventurers, and the overplus of their collaterall
security, by which rule they cannot sit downe till every individuall adventurer
be fully setled, which the petitioners conceives, for diverse reasons, will not be
effected in many yeares ; they, therefore, pray the Lord Deputy and Council,
that out of their accustomed care they would be pleased to declare their dis-
pensation of that rule, or make an humble, earnest, and speedy application on
the petitioners behalfe for his Highness his dispensation ; and the rather, that^he
overplus, if any be in the adventurers moyety or collaterall security, will pro-
bably be as advantagiouse to the State as an overplus in any other part. The

petition

( 69 )

petition was by the appointment of the councill delivered to the Lord Deputy
and Councill by CoUonell Sankey, Collonell Abbot, and Gollonell Ingoldby,
who returned from their Honoures with this verball answer, viz* :

That the profitts of the security mentioned in the said petition should be
put into the hands of their receivers for the severall precincts, and reserved soe
that noe part of those rents due from May last should before the first of Novem-
ber be disposed ofi*; and as to the other part of the petition, they were pleased
to declare that they would condescend to dispence with the forementioned rule,
in the granting forth of the coUatterall security. The councill, after a full
debate, had put the following question, viz*:

Whether the rents and proffits of the moyetie of the ten countyes now
granted by the Lord Deputy and Councill to the use of the army, shall be col-
lected by order and appointment of the agents for the respective provinces, and
disposed of accordingly ?

Resolved in the affirmative.

The councill of agents did further take into their consideration the propo-
salls tendered by the committee who were appointed to prepare for their debate
such things as they should conceive would conduce to the procuring them a
legall title to their lands, as alsoe such other matters as tend to the further set-
tlement and wellfare of the army.

The proposalls were debated gradually, and put into questions, as fol-
loweth :

Whether agents shall be nominated and impowered to doe such act and
things as they shall judge conduceing to the making an indefeaseable title to the
lands which shall be assigned the souldiery for their arrears?

Resolved in the affirmative.

Whether such agents shall have power to distburse such sums of money as
they shall judge necessary for the most advantagiouse carreying on of the said
worke, according to the instructions they shall receive ?

Resolved in the affirmative.

Whether the agents shall be liraitted in their exspence, in the carrying on
of the said worke ?

Resolved in the affirmative.

Whether

( 7° )

Whether the said limitation shall be two thousand pounds?

Resolved in the affinnative.

Whether application shall be made for an Act of Indempnity ?

Resolved in the affirmative.

Whether application shall be made for trading betweene England and Ire-
land in port cocquetts ?

Resolved in the affirmative.

Whether application shall be likewise made, that Ireland be declared a

member of the Commonwealth of England, to enjoy all immunities equall

therewith ?

Resolved in the affirmative.

Whether effectuall care shall be taken for a limitation of time for making

of claimes and sueing out titles ?

Resolved in the affirmative.

Whether it shall be endeavoured that there be provinciall committees, to ex-
amine such as pretend they have arreares due for service before 1649, ^^^ have
gotten forth debentures for the same, but have forfeited their arreares by their
revolt from the Parliament, under the command of Sir Charles Coote, Collonell

Jones, and Collonell Monck, &c.

Resolved in the affirmative.

Whether application shall be made, that, in the delivering out of the lands
to the army, unprofitable land may not be delivered out as profitable.

Resolved in the affirmative.

Whether woodreeves, of the armyes owne choosing out of the respective
divisions, shall be appointed to looke unto the woods in their said lott.

Resolved in the affirmative.

His Excellency the Lord Deputy, comming to the councell of agents, after
a speech made concerning their late proceedings, and alsoe concerning the ne-
cessity of the State to disband or reduce part of the army, did acquaint them
that it is intended there will be a speedy reducement of the army, but that he
knew not on whome the lott should fall. He therefore advised them to consult
and agree among themselves what such, whose lotts it should be to bee reduced,
might exspect and relye on for their comfortable sitting downe ; whereuppon

the

( 71 )

the said councill of agents, after mature debate, did put the several votes fol-
lowing:

I St. Whether those regiments, troopes, or companjes, who are to be next
reduced, shall have their full satisfaction in lands according to the Act rates.

Resolved in the affirmative.

a. Whether the lands to be given out to such part of the army as are to

be reduced, shall be assigned them out of their respective lotts, as they have

been allready cast.

Resolved in the affirmative.

Whether the respective provinciall divisions, and the subdivisions, shall agree

among themselves, what point or angle those who are to be disbanded shall

begin to sitt downe att.

Resolved in the affirmative.

With another resolve for satisfaction of him who attended this councill.
The several petitions, reports, <&c., mentioned in the said summary, or the
chief of them, are these following :

TO THE BIGHT HONOUBABLB THE LOBD DEPUTY AND COUKCILLE.

The humble Petition of the severaU Agents of the Army^ wihoee Names are
here subscribed^ in behalf e of themselves and the Regiinenis^ wiili oilier
Part of the Army^ which they respectively represent^
Sheweth,

That your petitioners doe most thankefuUy acknowledge your honours vigi-
lancy and care of them, and, as in generall, soe in particular for the satisfaction
of the debt of the army, as a reward of their faithfuU services. In order to which,
your Lordshipps were pleased to appoint a committee to state the debt and cre-
ditt of the army, uppon whose report thereof, and tender to your Lordshipps,
that there would be three-fourths of satisfaction for the army, your honours were
pleased afterwards to referr the said report unto two agents for each province,
which were to be chosen by some agents then at the head quarters ; uppon con-
sideration of which report, the said committee of agents finding that uppon the
rule and estimate of the civill survey, together with the deductions made for
claimes, the lands would fall short of its full satisfaction, they did report and
propound unto your honours that two-thirds of the debt might at present be

satisfyed,

( 72 ;

satisfyed, and uppon their petition to that effect, your honours were pleased to
order the Surveyor-Generall to goe on forth with to give them two-thirds of
their debt. In order to the possession whereof, the said Surveyor-Generall sent
unto your petitioners diverse querries to be resolved, which they could not
answer otherwise then together, for which cause they are convened to this
citty.

Now soe it is, may it please your Lordshipps, that since your petitioners
former proceedings, as is above mentioned, the downe survey for
most counties is come in, whereby it evidently appeares that the
lands doe hold out above a third part more then did the estimate in
the civill survey.

Your petitioners therefore doe most humbly pray that your honoures will
be pleased to give order that they might be put into speedy possession of their
full and entire satisfaction, according to the Act of Parliament, and according
to their respective lotts, which were drawne at the last generall councill, and
that for these following reasons, which they most humbly present, viz* :

I St. Whereas, uppon the civill survey, which was the rule on which only
two-thirds was proposed, the downe admeasurement holding out soe much
larger, as is before exsprest, in most counties that are admeasured, full satisfac-
tion is now desired.

2d reason. The Act of Parliament, that gives the petitioners satisfaction
for their whole debt entirely; and at the generall councill held in A prill, 1654,
it was resolved that they should take their satisfaction according to the Act^ and
according to the respective lotts then drawne.

3d reason. — The souldiery their arreares being very small, if their satisfac-
tion were divided into two parts, itt would render the whole insignificant to
them in a great measure.

4th reason. — The whole satisfaction may be received with the same trouble
and expence as two-thirds may, and the satisfyeing of one-third hereafter will
be as expensive as the whole now.

5th reason. — Itt will not be secure for the army to deliver up their bonds or
debentures untill they have plenary satisfaction.

6th reason. — If any regiments, troopes, companyes, or private persons, shall
be shutt out for want of lands, which the petitioners have noe cause to suspect,
by meanes of satisfyeing the whole as aforesaid, and that uppon application to

authority,

( 73 )

authority, an addition of lands cannot be obtained to supply them, the peti-
tioners will freely oblige to buy such out in money, at i8' per pound, which
high rates they doe not offer uppon accompt of the reall value of land, but [to]
avoid any inconveniencies which may obstruct their desire of present posses-
sion and future enjoyment of lands for their whole debt.

Hen. Prittib.
Jo. Nelson.
Ff*. Bolton.
Tho. Mossb.
Ro. Stannel.
Rig. Wallbb.
Tho. Walcot.
Will. More.
Will. Morris.
Rob. Ormsbt.

D. Abbott.
Pet. Wallib.

Jo. DiSBROW.

WiL. Walker.
Ed. Warren.
Jo. Denison.
Jo^. Stopford
A. Warren.
Jo. Jeoner.

D. AXTELL.

Tho. Davis.

H. HURD.

H. Aland.
RoB^. Preston.
Ja. Hutchinson.
Jo. Wheeler.
Sol. Canbt.
Ffra. Gore.

In obedience to the reference of your Lordshipp and the Councill, dated the
, wee have considered of the interest of the disbanded party, and the
arreares before 1649, ^^^ humbly offer our sence therein as folio weth:

I St. That the disbanded forces in the county of Lowth have allready two-
thirds of their satisfaction; besides its very likely that, having received lands
according to the generall estimate uppon a downe admeasurement, there must
be found a surplusage there, as in other places, which is most fitly applicable to
their satisfaction in case of want.

2dly. For the disbanded in Ullster wee say little, having none here to con-
ferr with concerned in that interest

3dly. For the disbanded in Connaught, there is of the same lands which
were ordered for them sufficient at their doores to satisfie them what shall ap-
peare they have received short of the engagement made to them.

4thly. As for the disbanded in the county of Corke, in case there be a
defect, wee understand there is enough yett remaining, of the security formerly
appointed, to make up their full satisfaction.

5thly. Ffor the disbanded in the county of Kilkenny, wee humbly offer
that the remainder of the barronyes of Gowran and Ffassadyna which are most

IRISH ARCH. SOC. L fitly

( 74 )

fitly applicable to their satisfaction, may be sett apart for their security, to make
them equall with the army.

6thly . Ffor those of the county of Longford, they have aUready received
two-thirds of their satisfaction.

Now whereas the army did engage for an equall satisfaction with themselves
to the disbanded party, it must be performed after the lands are layd out, till
when it cannot be knowne wherein they came short. However, wee have
offered the afforesaid cautionary security, to bring them to at least two-thirds,
which wee conceive will be as good satisfaction to them as the whole will be
to the standing army, considering the advantages the disbanded party have
had in point of conveniency, in point of choice, and in point of time, whereby
they have been enabled to gett tenants from all parts of the nation to plant
their lands with, the standing army receiving only what comes to them by lott,
which differenceth their condition very much as to all the fforementioned par-
ticulars, as may easily be demonstrated.

As to the engagement on the army for an equall satisfaction at the Act
rates, for arreares before 1649, ^^^ ^ humbly offered that the army have allready
consented to lay apart, as cautionary security for their said arreares, three coun-
ties of the armyes security, and have allsoe made application to the Lord Pro-
tector and his Councill for the satisfaction of the said arreares in lands in Co-
naught, which is not yet refused to be done.

And now wee doe humbly offer and desire that the said three counties may
be given out, towards the satisfaction of the said arreares before 1649, && f&f ^
they will goe ; till that bee done, itts impossible for us to know what they will
want.

And wee likewise pray that a committee be appointed to examine the inte-
rest of persons alledged to be concerned in those arreares before 1649, ^^^ ^^^
wee understand that severall who did desert Sir Charles Coot and CoUonell
Michael Jones (the only persons, with the forces under their command, who did
justifie the Commonwealths interest in Ireland, in the times of greatest tryalls)
have stated their accounts, and received debentures for the same ; and wee doe
humbly conceive itt is not the reall intention of the Conmionwealth that they
should receieve satisfaction for those debentures, which being done, considering
how large a proportion of the said arreares is allready satisfyed to the disbanded
party and others, the remaine will not arise to soe great a summ as is imagined.

And

( 75 )

And wee doe further humbly offer, that all the time the generall councills
did engage themselves to take care for the equall satisfaction of the disbanded
party and the arreares before 1649, ^^^ ^^ uppon consideration that the large
security that lay then before them, since which time a considerable part of that
security hath been otherwise disposed of, by admitting severall to composition
for large proportions of land, &c.

Wee therefore humbly offer it, as a thing most proper and equall, that your
lordships take the care of satisfyeing what demands the aforesaid persons con-
cerned may justly make, for their equall satisfaction to the army ; or that your
lordshipps will please to appoint an equall security to the army, in lieu of such
lands soe disposed of as afforesaid, which wee humbly conceive may be made
up out of the lands in Conaught exempted from the Irish for the garrisons,
English plantations, and near the sea and Shannon, by which meanes wee shall
be enabled to answer to the uttermost the engagement of the army.

And wee doe further humbly offer, that diverse vast proportions of rebells
lands in Ullster and other places, are not given out to the satisfaction of the
souldiery nor the adventurers ; on this account, that some English proprietors
have statute staples and mortgages for summs of mony on the said lands, which
summs of money doe not, in any competent measure, hold proportion with the
reall value of lands, in which case wee conceive it might be very equall and
just to give such English proprietors soe much of the said rebells lands as might
amount to a just satisfaction of their debt, and to dispose of the remainder to the
satisfaction of the debts due to the adventurers and souldiers, and other publicke
engagements ; all which, together with the townes which are comprehended in
the Act for the satisfaction of publique debts, will amount to considerable summs.

D. Abbott. Dak. Axtell.

Pet. Wallis. Jo. Disbbow.

Jo. Nelson. Rob. Orhsby.

Hen. Aland. Hen. Hubd.

Ro. Pbeston. Ffba. Gobe.

Tho. Davis. Tho. Mosse.

Ja. Hutchinson. Tho. Wallcot.

Ric. Walleb. Ed. Wabben.

A. Wabben.

13*"* of July, 1655.

L2 TO

( 76 )

TO THE RIGHT HONOURABLE THE LORD DEPUTY AND COUNCILL.

The humble Petition of the AgetUs whose Names are subscribed, in the Be-
halfe of themselves and such Regiments^ with other Part of the Armtf,
which they doe respectively represent^
Sheweth,

That since our last application to your honours for a plenary satisfaction for
our arreares due for service since the fifth of June, 1649, wee have mett toge-
ther, and after a large and seriouse consideration of your honours answer there-
unto, as likewise considering what might be necessary to offer to your honoures
touching that affaire, in behalfe of our selves and those for whome we are en-
trusted, wee were jointly of opinion, that it would be reasonable and meet to
offer unto your honoures, and accordingly doe humbly pray —

That the profitts of all the lands belonging to the armyes security, in
their severall and respective lotts, may be assigned over, for their
use, to such agents as your petitioners shall appoint, in the respective
divisions from May last, and soe to continue till the lands be divided
and layd out by the downe admeasurement ; and your petitioners
the rather desire this in regard of their great charges, as well uppon
the admeasurement, as their necessary attendance in the prosecuting
this business.

D. Abbot.
Jo*^. Nelson.
D. Axtellb.
A. Warren.
Jo. Jeonar.
Tho. Walcot.
Bob. Stannell.
Bob. Preston.
Sol. Caubie.

Hie. Saneey.
Hen. Owen.
Hen. Aland.

H. HURD.

Jo*. Denison.
Jo*. Disbrow.
Ffra. Gibbon.
Ffe. Gore.

H. Ingoldesby.
Tho. Davis.
Jo*. Godfrey.
Tho. Mobse.
Ffra. Bolton.
WiL. Walker.
Big. Waller.
Will. Morris.

By his Highness the Lord Protectors CouncUl for the Affaires of Ireland.

Uppon consideration had of the petition presented unto this board by severall
officers of the army, desireing thatt all the profitts of lands belonging unto the

armyes

( 77 )

•

annjes security in their seyerall and respective lotts, might be assigned them
oTer for their use in their respective divisions, from May last, and to continue
till the lands be divided and layd out by the do wne admeasurement ; and uppon
conference with the petitioners, and debate had uppon the Acts and ordinance
of Parliament, of His Highness the Lord Protector^ relating thereunto, fforas-
much as there is a great doubt whether the civill survey, as allready returned,
be a survey agreeing with the prescript rule of the Act for putting the oiEcers
and souldiers into possession of lands amoimting to third parts of their respec-
tive arreares, according to the grosse estimate ; as alsoe considering what pre-
viouse acts (not yet done) are primarily and reciprocally to be performed ; and
that the countyes for collaterall security desired are not disposeable, according
to the rule of the Act, for satisfyeing the army, untill it appeares what surplu-
sage shall or may arise from the moyetie of the lo counties ordered for satis-
&ction of the adventurers, and of the county of Lowth, which, by the Act, are
made additionall security, and are first to be proposed as satisfaction before any
other of the coimties appointed for collatei'all security ; the Councill, more-
over, taking into consideration how there are severall reduced officers and
souldiers sate downe, besides diverse others, who ought of right by the Act to
receive equall satisfaction with the army, according to proportion :

The Lord Deputy and Councill doe therefore order diat the said agents,
or such as the army shall appoint, may receive the rents and profitts Issueing
out of the forfeited lands within the moyetie of the ten countyes, due and in
arreare from the 23^ of May last, for and in behalfe of themselves and the rest
of the army ; and D"" Petty is hereby strictly enjoyned to take speciall care that
the downe survey, or exact admeasurement now in hand, bee with all convenient
speed perfected. Dated at the Castle of Dublyn, the 20**^ of July, 1655.

Tho. Hebbebt, CUrke of the Councill

By His Highness Lord Protectors Councill for the Affaires of Ireland.

Ordered,

That the rents belonging to the Commonwealth henceforth growing due out
of the forfeited lands within the respective countyes of Kerrey, Wexford, Ty-
rone, Londonderry, and of one-halfe of the county of Kilkenny, and out of the
four barronyea in the county of Corke, viz^, IQnalea, Kerricurrihy, East and
West Carbury, be undisposed of, and reserved in the hands of the respective

receivers

( 78 )

receivers of the rents belonging to the Commonwealth in the said countyes, un-
till the first of November next, soe as it may appeare whether those countjes
and barronyes shall fall within the lott belonging to the army. Dated at the
Castle of Dublyn, the 24 July, 1655.

Tho. Hkbbebt, Clerk of tike CcuncUle.

To Major- Generall Sir Hardresa Waller^ Commissary-GeneraU Sir John
Reynolds^ CoUondl Hierome Sanket/, CoUonell Damdl Axtellj and
Major Morgan,

Elnow all men by these presents, that out of our speciall trust and confidence
of your integrity and good will towards us, and of your judgement, ability, and
provident circumspection, wee doe nominate, constitute, and ordaine you, the
above named persons, our lawfull atturneys, for us and in our names, and for
[and] on the behalfe of all others who ought to have arreares satisfied in Ireland,
to prosecute and pursue the ensueing instructions : hereby ratifyeing and con-
firming whatsoever you shall doe pursuant thereunto, according to the best of
your judgement and abilities.

I St. You shall and may doe such acts and things as you shall judge con-
duceing to the making an indefeaseable title to the lands which shall be as-
signed in Ireland for satisfaction of arreares.

2dly. Tou shall or may make application for an Act of indempnity. And
alsoe,

3dly. That Ireland may be declared a member of the Commonwealth of
England, and enjoy all immunities equall therewith, and that free trade be
allowed by port cockequetts betwixt England and Ireland, as betweene port
and port in England.

4thly. You shall endeeavour to procure a limitation of time for making
claimes and sueing out titles.

5thly. You shall by all lawfull wayes and meanes endeavour to prevent such
as have forfeited their arreares from receiving satisfaction for the same.

6thly. You shall be carefull to prevent the setting out unprofitable land for
profitable ; alsoe incumbred lands in stead of such as ought to have a clear title ;
and if any such thing should happen to be done, you are diligently to endea-
vour the removall of such greivance.

7thly . You shall apply for license that the respective provinces may appoint

wood-reeves

( 79 )

wood-reeves of their owne choosing, for the preservation of the woods within
their lotts.

Sthly. Tou shall and may doe all such acts and things as jou shall judge con-
duceing to the prosecution of and effectuall compleating the severall articles of
those instructions, according to their intentions.

And for the better enabling you to carry on the worke of these instructions,
you shall receive by the hand of such as you shall appoint, from Mr. Nathanael
Boyce, for the province of Mimster, the summ of eight hundred and seventy
pounds; and firom Major Morgan, for the province of Ullster, the summ of one
hundred and seaventy-five pounds ; and from Captain James Stopford, for the
province of Leinster, the summ of nine hundred [and] fifty-five pounds, which
severall and respective summs, or soe much thereof as you shall see cause, you
shall and may dispose and issue to the ends above mentioned, in such manner as
you shall thinke fitt, allwayes provided you keep a record of the whole proceed-
ings and disbursements, to be perused by any of the persons for whome you are
entrusted, att their request.

pthly . Tou are to procure the true state of the debt and creditt of the whole
army; and, in order thereunto, to use all lawfuU wayes and meanes you can to
efiect the same accordingly, either by application to His Excellency the Lord
Deputy alone, or unto his Lordshipp and the Councill, or by applying to the
severall regiments, troopes, company es, and others who have any just and law-
full debts to be satisfied with the army.

lothly. Tou are to endeavour the hastning in of the surveyes ; and itt is fur-
ther resolved by us whose names are subscribed, that all persons who ought to
have arreares satisfied in Ireland ought to be and are concluded in the above-
mentioned instructions. Given under our hands and scales, this 26^ of July, in
the year of our Lord 1655.

Hbn. Ingoldbsby.
D''. Abbot.
BoB^. Babbow.
Jo''. Nelson.
Tho. Davis.
W. Shaw.
H. Alabo.

Ffba. Wheeleb.

Jo. FOWKE.

Tho. Stanley.
Rob. Ffbanklin.
Will. Walkeb.
W^. Hbidbn.
Pet. Wallis.

Tho. Jones.

Jo. DiSBBOW.

Fba. 60BE.
Rob. Stanyabd.
Rob. Obmsby.
Jo. Denison.
Sol. Camby.

Alex.

( 8o )

Alex. Staples. W**. Mobris. Jo. Mansell.

H. HuBD. Ffra. Bolton. Rob. Pbeston.

Tho. Walcot. Jo. Godfbey. Ed. Thomlins.
Nath. Boyce.

The said transactions being over, and now noe possibility of admeasuring
and subdividing together and all under one, there came to the Doctor orders
upon orders, exceeding thicke, to make ready the surveyes, both bookes and
platts, of the lands forthwith to be sett out to the forces now to be disbanded,
and which were to be kept in whole or halfe pay untill the same were done. In
breif, by the speciall and extraordinary mercy of God, the said surveyes and
surveyors to subdivide were in such readiness uppon the severall respective
spotts, that not a penny of unnessessary pay was continued by occasion of any
unreadiness herein, in soe much that the first clamour uppon my imploying new
instructed artists, raised by the old surveyors and other enviouse persons, did
allmost wholly cease, although, instead thereoff, when the forces then satisfyed
had been uppon their land, there arose another more dreadfull, by the said
forces themselves, vizS that the said Doctor imploying drunken surveyors, un-
profitable land had been put uppon the army as profitable ; whome, by the way,
they acknowledge soe sober as not to have erred in the quantity, ffigure, or
scituation of such land, whose quality they had mistaken : the which clamour
brings me now to speake of this matter, as well for what concerns the land dis-
tributed to the disbanded anno 1655, as all other lands, and even the county of
Kerrey it selfe, the great scene of this clamonr.

CHAPTER X.

THE complaint was this, vizS that for as much as 7" 3' 4^ per thousand for
the profitable lands disposeable to the souldiery, and but three pounds for
unprofitable, which was to be throwne in over and above, I caused too much
to be returned profitable, partly designedly for my owne lucre, as aforesaid, and
partly by mischance, in employing meane, ignorant, and corruptible persons.
Now, for the examination of this matter, itt is desired that it may be taken

notice

( 8i )

notice of, that, to 2395 thousand acres of profitable land, there was cast in 309
thousand of unprofitable by D^ Pettyes survey, viz*, to every eight acres of pro-
fitable one of the other ; and if Kerrey, whereofF I shall treat apart, be excepted,
then to every seaven of profitable one of the other sort; soe that the question
is, whether in a countrey famed as Ireland is for the fertility of its soyle, it is
likely that more then one acre of eight should bee worth nothing.

Whereas 309 thousand acres have been returned for unprofitable, and sup-
pose that as much more ought to have been returned, that the D' himselfe had,
in his owne person, committed the wrong, soe as the army thereby should thereby
have suffered to the value off 154000^^; ffor unto soe much doe 309 thousand
acres, at 500^ per thousand, one with another, amount unto ; and that he should
have gotten 309 times four pounds, vizS 1 240^, by the abuse ; tis offered to con-
sideration whether he, who in the practise of his faculty of physicke hath re-
fused the third part of whatever was, offered him, gave away severall of his
vailes, as clerke of the Councill, lost money even by being secretary to a
Lord Leiftenant, never sued any man that did him wrong, &c., should, to get
one pound, wrong the army of neer 150*^ even the army who were his friends
and promoters, and who put themselves voluntary to eight thousand pounds
charge to purchase his service, and his care of their concernements.

2dly. A great part of the army, at least the most complayning part, had
their land anno 1655, the rest receiving theirs anno 1656, since which there
have been three Parliaments. Why hath not any complaint been made of this
abuse to some of them, when soe many of the members were souldiers, and the
very parties^ nay persons complaining ; why did not publicke spirited Sir Hie-
rome, whose regiment, if any, suffered, and hee who would be allways a mem-
ber, not put in this cry into either of his settes of articles against D'^ Petty,
when, as he was once bent to sue him for one hundred and fifty thousand
pounds damages uppon the very same accompt? — ^Why did not the said Sir
Hierome, CoUonell Lawrence, and CoUonell Barrow, all, in their feirce com-
plaints hereoff, gett soe much as the quitt-rents sett on those course lands miti-
gated, when they were soe busy to get other things of less moment brought into
the Act of Parliament for confirmation of estates, which was hammering from
May to October, 1659? ^*y» ^^7 could not the authority of Ireland bee ever
wrought to make any alteration in this matters, nor to give any direct reliefe
therein, which, by severall exspedients offered them, they might have done ?
niisH ABCH. soe. M 3dly. Tis

( 8* )

3dly. Tis offered to consideration, whether the cause of these clamoures were
not partly envy of better lotts, partly that some of the same mans lott was worth
but twelve pence a year, whereas the body of his whole lott was worth six shil-
lings, whereby he was apt to call that worser sort unprofitable, whereas other
men rejoiced to have any, even the best of their land, yeilding twelve pence per
acre, vizS as much as the worst of his whome wee supposed to complaine ; or
whether these complaints did not proceed from hopes, by rejecting one hundred
acres of course land as improfitable, to obtaine at least a possibility of one hun-
dred acres of very rich land for itt, not being contented with one hundred acres
of noe better land then should in the judgement of other surveyors bee esteemed
barely profitable.

4thly. But as the D' did not distinguish the lands in his owne person, but
by his deputies, soe did he never give any private directions or encouragement
to them for being unjust^ or even severe, }n this particular ; nor did he ever alter
any retume made and offered him by his said deputies and instruments, or suffer
the same to be done.

5thly. Were not his instructions published in print, viewed by the councill,
and exsposed to the sight, censure, and exception of all the world, before ever
chaine was layd uppon any land by the Doctors appointment?

6thly. Suppose the surveyors imployed had been as ignorant as, for the an-
swering of certaine of crooked ends, they were represented, was there more dan-
ger that they should mistake wett meadow forbogg, then, on the contrary, bog
for marshy pasture ; or were they soe drunke, as someUmea alboe hath been
alledged, that they could not see the afforesaid distinction, and yet had not only
their eyes, but as much of their other sences, reason, and art too, as served them
to give a sufficient accompt of the quality, ffigure, and scituation of the land
they admeasured ? Or, if they were to be corrupted, who was most likely to cor«
rupt them ? The Lord Deputy and Councill, who minded them not, or the
souldiers, who, knowing neer the places of their respective lots, were many of
them knowne to be too busy where and when the surveyors were at worke.
Moreover, allthough every foot of the unprofitable should have been returned
for profitable, yet the State was sure never to have saved an acre by such seve-
rity, there being by the Act of Satisfaction more debt charged on the lands of
Ireland then halfe as much more will pay.

Why am I blamed if there were any miscarriage therein, and not those who

actually

( 83 )

actually and of themselvea alone committed the fault, vizS the under survey-
on ; and why should the under surveyors bee blamed for missing that which one
hundred diligent and concerned seekers could never find, and which the Act of
Parliament kept hid; and as the above report of the eleventh of May, 1654,
setts forth, neither prescribes nor warrants any meane for these distinctions, soe,
asy in the judgments of the authors of the said report, there was noe other meanes
left but what was used, viz*, the oathes of the surveyors?

Whose invention was the allowing a greater rate for profitable then unpro-
fitable ; whereas the Doctor demanded but one summ for the whole, or one and
the same rate for the thousand, and brought the former practise of allowing
fourty-five shillings for the profitable, and nothing for the rest, as a maine ob-
jection agunst that method of administration which he endeavoured to evert;
and why was he pressed and threatned to imploy the old surveyors, whome he
could not, in above two monethes treaty, bring to worke otherwise then by the
thousand acres ? whereas he easily made the new ones, who soon excelled the
others, to be paid by the mile in length, wherein noe possible byas could be,
and according to which way the greater and more disputed part of the whole
survey was performed ; soe that allthough his superiours would not lett the byas
be taken off from him, yet he tooke it of as much as he could from others, and
those in whome it was most dangerouse.

Moreover, when he did use all the meanes aforementioned, for the satisfac-
tory performance of this nice service, allthough the effect had noe ways answered,
yet ought he to have been thanked for his endeavours and superarogancy herein :
ffor it was not cleare that he was by his contract bound to this thankless office,
but only to offer reasons whereuppon others might judge. Hee was to have
meeresmen appointed him by the State, to tread out before him the dislimita-
tions he was to make ; and, lastly, the Commissioners of the Civill Survey seemed
by their instructions to bee not only qualifyed, but enjoyned to express the pro-
portions wherein each denomination was profitable and unprofitable, the which
judiciall assignement, with the geometricall content, would have answered all
intentions.

Soe that he is blamed for doeing a necessary worke that he was not bound
to ; is punished for performing that worke amisse before it appeare to be soe ;
the pretended miscarriages of others are charged only uppon him ; hee is blamed
for not doeing [what] the wisest concemees have pronounced impossible ; hee

M 2 suffered

( 84 )

suffered for the pretended committed faults of his instniments, and for the omit-
ted directions of his masters ; hee is taxed of being swayed by a byas, which his
rebukers would not suffer him to resist; men cry out they are wronged, to have
him punished, not themselves righted, which they never sought. He is said to
befriend the State, by undoeing the army without the States advantage ; and, in
fine, of strange designes to mine others without any beneiitt to himselfe. None
of those who see moates in his eyes taking notice of the beames in their owne,
nor considering from what spirit those absurd and unjust contradictory imputa-
tions doe proceed.

As an appendix hereunto I must adjoine the accompt of the survey of Ker-
rey, and the reasons why that defamed county is said to have above four hun-
dred thousand acres of profitable, and scarce thirty thousand acres of unprofitable
land, as to which matter I say as foUoweth :

I St. That those whome the D' imployed returned the same accompts of that
place as they did who had immediately before admeasured itt by grosse sur-
rounds, with mention of the same difficulties in adjudicating the quality of those
lands.

2dly. That I caused some of the worst barronyes to be admeasured by the
mile in length, which afforded noe temptation to retume more profitable then
was soe ; and, in fine, that those who went by the thousand acres, being reputed
very honest and diligent persons, went by the same way of distinguishment as
the others did, even allthough and before the said different undertakers had any
conference with each other.

3dly. The said surveyors tooke more paines in the field, and the D' more
in the house, to make up an extraordinary kind of bookes, whereby to give a
just accompt of that county then was done in any other part of the whole sur-
vey; uppon which grounds noe man ought to blame them for seeking an ordi-
nary wages and reward for the same, the surveying of these lands being worth
five times more then that of meadow a hundred times as good ; nor ought such
endeavoures to be misused for an argument why all the course pasture of that
county should be imposed on the souldiers for payable land, because it was re-
turned as in a degree profitable ; besides, since there was not above one hundred
thousand acres of the disposeable sort of lands which concerned the Doctor, but
four hundred pounds. Why was not rather some equitable composition made
with him, then that soe many comittees of the Councill and army should meet

almost

( 85 )

almost every day for two monethes about it, and that the satisfactioii of the
whole army should be retarded all that while, by reason thereof, had there not
been some more heavy reason in the business, viz^ the interest of all those of
the army who were sure not to fall there, who urged to have every acre of the
couisest, and such whereof forty was not worth one of the arable of the same
countrey, to bee imposed for payable, to the end that the quota para of their
owne satisfactions, fallen by lott in better counties, might be the greater ; ffor if
the barronies of Iveragh, Dunkeron, andpartof Glanneroughty, had been taken
into the credit, the quota of twelve shillings [and] three pence might probably have
been sizteene shillings ; and in case the disposeable land of the rest of Kerrey
had been excluded, the quota^ instead of twelve shillings, had been but ten.
Now that the interest of these persons was the chief reason of this hardshipp
may appeare from the papers he[re]after inserted, for the better understanding
whereof itt is to be premised, that the D' having tendered his survey at the be-
ginning of March, 165^, precisely at the end of the thirteene monethes allowed
him, much of that time was spent in referring the examination of the sufficiency
thereoff to severall committees, &c. Now the said survey being found suffi-
cient, the agents fall to make use of itt, in order to their satisfaction, meeting
among themselves, and applying to the Councill dayly, about the manner of
putting their resolves of Aprill, 1654, into practise ; in all which negotiation and
treaty the principall care was to avoid Kerrey by those who possibly might fall
there, and to have it swallowed was the designe of others in noe danger of com-
ming neer it, which was laboured partly by artifficiall intrepretings, and sup-
plying the said generall resolves ; but chiefly by asserting or crying downe the
survey of Kerrey, as it was returned to containe above four hundred thousand
acres of payable land. These disputes and contrivances lasted all Aprill. Att
last the Councill, being weary of the dayly and cross applications made unto
them, offisred the army all the lands belonging to their security, to be distribu-
ted by trustees of their owne, according to the tenor of the following commis-
sion, and in conformity to an ordinance of the 2^ of September, 1654, viz':

By Hia Highness the Lord Protectors Councill for the Affaires of Ireland,

Whereas by an Act of Parliament bearing date the 26th of September, 1653,
entituled, An Act for the speedy and effectuall Satisfaction of the Adventurers
for Lands in Ireland, and of the Arreares due to the Souldiery there, this

board.

( 86 )

board, or such as they shall appoint, are fully impowered and authorized to
distribute and set forth unto the said officers and souldiers, answerable to their
respective arreares, their severall proportions of lands, by lott or mutuall agree-
ment amongst the said officers and souldiers ; and whereas this board hath, by
certaine resolves bearing date the pth of this instant May, concluded,

I St. That aU the forfeited lands in the three provinces lyable to the satis-
faction of the arreares due to the army (excepting the three counties of Wicklow,
Longford, and Donnegall) bee distributed and sett out to the officers and soul-
diers of the army, to satisfie all arreares due unto them for service in Ireland since
June, 1649, ^^^ Blsoe for their English service due before the 6th of June, 1649,
according to the Acts and ordinances of Parliament, or of His Highness the
Lord Protector and Councill, made in that behalfe.

2dly. That all the forfeited lands as aforesaid, in each county and barrony
within all the said provinces allready admeasured by D' Petty, be accepted of
by the army, according to the contents of the survey returned by the said
Doctor.

3dly. That the trustees be named by the army, who shall bee impowered
and authorized from this board, to distribute and sett forth the said forfeited
lands lyable as aforesaid to satisfie the arreares of the army, unto the officers
and souldiers in the three provinces answerable to their respective arreares.

4thly. That the said trustees shall take care and make effectuall provision
that due satisfaction be had and made for all just reprizalls that are or shall bee
adjudged and ordered by the Councill or courts of justice, or such commissioners
as by the said Councill are or shall bee authorized.

5thly. That the said trustees doe likewise take effectuall care and make
provision, and that a due and equall satisfaction be given to the officers and
souldiers disbanded in 1653, according to the promise and agreement made
with them from the general coimcill of the army ; all which resolves, as ap-
peares by a paper presented unto this board, dated the 9th instant, and signed
by S' Hardress Waller, in the name and by the appointment of severall prin-
cipall officers of the army, were gratefully accepted of; and for as much as in the
said paper Collonell Daniell Abbot, CoUonell Thomas Sadler, Major Anthony
Morgan, Vincent Gookin, Esq., D' William Petty, and Major Miles Symner,
were by the said principall officers proposed as fitt persons to be trustees for
prosecuting the business mentioned in the said resolves of this board, and that

any

( 87 )

any three or more of them may be a quorum; and that the severall propoealls
oontayned in the said paper were reciprocally agreed with by our order of the
i4ih of May instant :

Itt is therefore, uppon consideration of the premises, hereby ordered and de-
clared that the trustees afore named, or any three or more of them, bee and they
are hereby authorized and appointed by this board, in pursuance of the resolves
afore mentioned, to distribute and sett forth all the afforesaid forfeited lands
lyable to the satisfaction of the arreares due to the officers and souldiers of the
army, except before excepted. And what they shall doe therein they are to
certifie the same in writing unto this board, to the intent that such further pro-
ceedings may be had thereuppon as shall satisfie the ends of the said Act.

And it is further ordered that the said trustees, or any two or more of them,
or such as they shall appoint, shall and hereby have power to make search, and
to peruse all records, writings, and other papers relating to the said affaire ; and
all officers and other ministers are thereof to take due notice. Itt is further de-
clared that uppon application made unto this board by the said trustees, all
such other reasonable help and assistance shall be afforded herein as uppon oc-
casion from time to time shall bee fitting. Dated att the Castle of Dublyn, this

2oth of May, 1656.

Tho. Hbbbebt, Gierke of the CouncUle.

An Ordinance for the more equall Division of the Lands allotted to the Souldiery

in Ireland.

Whereas the manners, lands, tenements, and hereditaments, assigned and
sett out, or to be assigned and sett out in and for the satisfaction of the arreares
of the souldiers in Ireland, are of different and unequall values in themselves,
whereby, if a subdivision be not made in proportion to the reall difference of
the said lands, some will have lands of a much greater value than others, which
will be a very great prejudice to many ; for prevention whereof bee it ordained
by his Highness the Lord Protector, by and with the advice and consent of his
Councill, that it shall and may be lawfull to and for the respective regiments,
troopes, and companies of horse, foot, and dragoones ; and for the rest of the
souldiery who have arreares justly due unto them for their service in Ireland,
unto whome any part of the said forfeited land is fallen, or shall fall and bee
assigned by lott or otherwise, for and in satisfaction of their and every of their

arreares

( 88 )

arreares of pay, to nominate out of themselves certaine persons to subdivide and
set out the said lands soe fallen or to fall to them by lott or otherwise, according
to the true and reall value thereof, to the best of their skill and judgement;
and to retume an instrument under their hands and seales of such proportion
and particular of the lands which shall be by them soe subdivided and sett out
to each of the said officers and souldiers into the Court of Chancery in Ireland,
to be there inroUed ; provided the said persons soe to bee nominated shall in
their proceeding therein, as to the gross, observe and keep the rates for lands in
their respective provinces of Ireland aforesaid, as they are sett downe in an Act
of Parliament made at Westminster the 26* day of September, 1653, entituled.
An Act for the speedy and effectual Satisfaction of the Arreares of the Soul-
diery ; and further, that from and after the retume and enrollment thereof in
the Court of Chancery within that nation, the same shall be finall, and for ever
after a conclusion and barr to all and every the person and persons interested
or to be interested in the said respective lotts and lands, and their heires; and
this present ordinance shall be a sufficient authority to the ministers of the said
courts, for the enrollment of the said subdivision of the said lands, being brought
unto them fairly written, under the hands and seales of the persons imployed
in the subdivision thereoff, and the same shall bee accepted, deemed, and taken
to be a full barr to all pretences of any persons claiming by, from, or under the
said lott or subdivision, and their heires for ever.

And bee it further ordained, by the autliority afforesaid, that such instru-
ment soe inrolled shall be a sufficient title and evidence for every such person
and persons, and their heires for ever, to claime, hold, and enjoy the lands and
estate therein particularly mentioned, as fully and amply as if the same had
been contained in the lott of such person and persons in full satisfaction of his
and their proportion of the lands and estate whereunto they might make claime
in satisfaction of this and their arreares.

Hen. Scobell, Clerk of the Councitt,
Passed the 2nd of September, 1654.

(A true copy.)

Noe sooner were these trustees settled, and had declared the manner how
they intended to proceed as to the satisfaction of the army, but the papeiB above-
mentioned.

( 89 )

mentioned, and the narration of Lewis Smith, who surveyed the said lands of
Kerrey, appeared, viz*:

TO THB BIGHT HONOUBABLB HIS HIGHNESS THE LORD PBOTECTORS COUN-

CILL FOB THE AFFAIBES OF IBELAKD.

The humble Petition of the Agents for the Divieione of the Province of

Munster.

Humbly sheweth, that your petitioners, being agents for the regiments
whose lots fell in the province of Munster, have severall grieveances to propound
the removall thereof to your lordshipps ; and therefore they humbly pray that
noe part of their provinciall security, or the coUaterall security of that province,
bee disposed of from them, till they bee heard by your lordships.

Ric. Lawbence. Hie. Sanksy.

Will. Aenopp. Tho. Stahlet.

Rob. Babbow. Ffba. Bolton.

Will. Walkeb. Alex. Staples.

Hen. Jones. Jo. Gtodfbey.

Will. Heiden. Will. Mobbis.
25 June^ 1656.

Reasons presented by the said Agents^ 28t& June^ 1656.

The resolves of the Generall Councill of the 6th of Aprill, 1654, were
grounded uppon the Act of Parliament, as appeareth by the first, second, and
third resolves.

2. The nine resolves first set downe were only preparatory to the drawing of
provinciall lots; and the supplement made for the deficiency of the provinces,
in the ninth resolve, were only provided as to the manner of ascertaining the
regiments in the severall provinces, according to the estimate of the debt and
creditt then taken.

3. Accordingly, there was use then made of the supplements soe provided
for Mimster, to witt, Cranagh and Galmoy was then drawne with Munster,
because in that manner of proceeding itt did want it.

Soe alsoe there was use then made of the suppliment for Leinster on Ullster
side, to witt, Orier and Ffewes, because Leinster on that side did want it.
But there was noe use then made of the supplement of Grualtier and Middle-
ibish abch. soc. N third.

( 9° )

third, provided ffor Leinster or Munster side, because UUster did not begin,
and therefore Leinster could not want it on that side.

Whereuppon the ninth resolve was made use of at the time of drawing and
setling of the provinciall lotts, and fully served the end for which it was ap-
pointed, which, being accomplished for the same, can not be properly now
received as applyed.

That it was soe, and soe understood, it alsoe appeareth by the proceedings
of the agents of Munster and Leinster to subdivision, in that the committee did
divide Cranagh and Gralmoy with the lott of Munster, as by the first resolve of
the committee doeth appeare.

And in that the committee of Leinster did divide Orier and Ffewes with the
lott of Leinster, as by the 3rd and 6th resolve of that committee may appeare.
But that the supplement of Gaultier and Middlethird, on Munster side, was
made use of, doeth noe where appeare.

That the provinciall lotts thus made was confirmed, itt doeth appeare by
the third resolve of that Councill.

And that the subdivisionall lotts of the severaU provinces was allsoe ap-
proved, appeares by the last vote of that Councill.

That the provinciall division there made was equall itt is clear, because the
regiments in each province, by the estimate of debt and creditt then taken, were
equally provided for.

I^ therefore, any regiments of the army doe by that estimate &11 short of
what is due imto them by the Act, what is wanting thereof must be made up,
with equallity to all, out of the next adjacent lands, from such regiments and
lots only as shall appeare to have more land then, uppon an exact accompt of
debt and creditt, shall be found due, proportionably with the whole army, as
by the loth resolve.

The querrie then being, uppon such exact accompt, which regiments or lotts
doe want, and which doe abound, it will followe, that such as doe neither
want nor aboimd must not be disturbed, otherwise there could be noe end in
the making of provinciall lotts.

In making of provinciall lots, subdivisionall lotts must follow, soe far as they
could be practized, to promote the settlement of the army ; and accordingly
three divisionall lotts in Munster, and two in Leinster, were practized, as by the
printed resolves of the committee of both provinces may appeare.

Therefore

( 9i )

Therefore such divisions can not bee riolated, unless it doe appeare they
were made contrary to the Act of Parliament, or printed resolves of the said
Gouncill.

TO HIS HIGHNESS GOUNCILL FOB THE AFFAIRES OF IBELAND.

The humble Addresse of the Agents far the respective Regiments in Leinster

and Ulster.

Whereas a committee of the Councill did yesterday acquaint us that it was
theb intention to report to the Councill that the two barronyes of Iveragh and
Dunkeron, in Kerrey, might bee laid aside, and only the rest of the land at pre-
sent divided ; wee humbly offer, that the report may not be made, nor the said
two barronyes suspended, for these ensueing reasons, viz^ :

I St. Because the said barronyes are within the provinciall lots of Munster,
and allbeit the said barronyes may be of less value then other lands within their
province, yet it is within their power to equalize their counties and barronyes,
by putting the best above the Act rates, soe as to reduce the rate of the worst
to one hundred or fifty pounds per thousand acres, or as low as they please, soe
as they doe it entirely within their owne province.

adly. Because the province of Munster is concluded, not only by their pro-
vincial! lott, but alsoe by their owne resolves, from which they may not ap-
peale, as appeares by the third resolve and i6^ [and] 17*** pages of the resolves
of the Generall Councill, and of the agents of the province of Munster.

3dly. Because this suspension would bee contrary to the purport of that
solemn paper subscribed by the complainants, entituled Reasons^ induce the
Army to lott for their Lands, wherein they declare that they had rather take
a lott uppon a barren mountaine as a portion &om the Lord, then a portion in
a most fruitfull valley uppon their owne choice.

4thly. Wee humbly offer to consideration, whether the Act for satisfaction
doeth impower the Councill to alter matters concluded by lott or agreement
betwixt province and province. — See page 70, 71.

5thly. That by resolve of the Councill, 9th of May, 1656, all the forfeited
•lands, as admeasured by Doctor Petty, shall be accepted by the army, sett out
according to the Acts and ordinances of Parliament.

6thly. That by commission from the Councill of the 20th of May, 1656,

N2 the

( 92 )

the commiBsioners are authorized and appointed to distribute and set forth all
the said lands, according to the resolves of the Councille above mentioned.

7thlj. That, pursuant to their commission, the said commissioners have set
out, by a solemne instrimient, the two barronjes now proposed to be suspended.

8thly. That a suspension would unravell the whole proceeding of the com-
missioners, and much retard the satisfaction of the army.

pthly. How far the Councill will thinke fitt to weaken the hands of their
ministers, by suffering their proceedings according to commission from the
Councill to be exposed to contempt, wee humbly submitt.

lothly. Because the provinces of Leinster and Ullster have both as unpro-
fitable, barren, and wild places, and of as doubtfull a survey, though at a higher
price then Munster, and not the advantages of the sea and ffishing, as in Kerrey,
namely, Upper Ossery, some barronyes of the Kings County, the Dufiry in
Wexford, and alsoe Orier, Ffewes, and Cremome, in Ulster ; yet that these
wild barronyes and barren places might be as good as the best, wee have, by
equalization, put a thousand pound uppon a thousand acres, to reduce the
worst farr under the Act rates, which they ought alsoe to doe, it being noe
injury to pay three groats for one shilling.

Now if the foregoeing reasons may not prevaile, but that the rule shall be
broken in Munster, and they admitted to picke and choose, wee desire alsoe
the like priviledge to Leinster and Ullster; that Upper Ossery in the Queenes
County, some barronyes of the Kings County, the Duffrey in Wexford, Oryer,
Ffewes, and Cremome, in Ulster, may be alsoe layd aside : all which wee humbly
submitt.

2aA Junsf 1656.

Rob. Phaieb.
Dan. Axtell.
Rob. Smith.
Rob. Preston.
Ed. Wabben.
Ffba. Gobb.
Ja. Stopfobd.

Jo. DiSBOBOW.

Rob. Saundebs.
Jo. Nelson.
W**. Lowe.
J. Rawlins.

H. HUBD.

Jo. Galland.

Dan. Redman.

W**. MOOBE.

Rig. Ffbanklin.
Jo^. Wabben.
Theo. Jones.
Peteb Wallis.
William Purefoy.

to

( 93 )

TO THE BIGHT HONOUBABLB THB COMMITTEE OF HIS HIGHNESS COUNCILL

OF IBELAND.

The humble Address of the Agents far the Province of JUunster.

Humbly declaring that they have considered the exspedient proposed of re-
conciling the provinciall differences, by laying aside the barronyes of Iveragh and
Dunkeron, in the county of Kerrey, &om the creditt, in the present division of
lands to the army ; and have alsoe, but without success, endeavoured a meeting
with the agents of Leinster and Ulster, in order to the finding out of some fur-
ther exspedient, in discharge to the obedience which was due to your lordshipps
proposalls, which they humbly tender; as aboe, that if the barrony of Glan-
neroughty may not be laid aside, that some way of reprizall may be thought
uppon for such who shall fall there, and in the rest of Kerrey, they being per-
swaded that not one fifth of the return in Glanneroughty will be adjudged pro-
fitable lands, and not one moyety in the remainder of Kerrey.

Ric. Lawbencb. Hie. Sankey.

Tho. Stanley. Jo*'. Godfbey.

W^. Abnopp. Ffba. Bolton.

W^. Heiden. Alex. Staples.

THE NABBATION OF LEWIS SMITH GONCEBNING KEBBEY.

To the Right Honofurable His Highness the Lord Protectors CounciU for

the Affaires of Ireland,

The humble proposalls of Lewis Smith, admeasurer of lands:

Whereas I, Lewis Smith, and one John Humphreys, were imployed by D*^
William Petty in the admeasuring the forfeited lands in the county of Kerrey,
as alsoe for subdivision of most part of the same ; now six monethes since the
said Humphreys and Smith have finished the said admeasurement, and have
been ever since waiting to goe about the perfecting the said subdivision, as
al^oe severall men imployed by the said Smith and Humphreys in the said ad-
measurement, with severall servants that they have kept, thinking speedily to
have gone about the same, which said waiting hath been much to their charges

and

( 94 )

and trouble : the very charges in the admeasuring, and what necessary exspences
they have been att in soe long waiting, is more by many pounds then what is
yet received for the same, besides the loss of time.

Now uppon frequent comming or goeing to the said Doctor to enquire of
him when I should goe about the said subdivision, hee still told me that there
was a great debate or trouble concerning the quality of lands in the said county
of Kerrey.

Ffurther, it is a generall report in this city, nay even throughout most part
of this dominion of Ireland, that the retumes of the lands made by the admea-
sures of the said county of Kerrey, doth demurr, if not alltogether hinder, the
proceedings in satisfying the army in this dominion.

Therefore I, the said Smith, thought it my duty to present these lines to
yourLordshipps,allthough my plots and bookes are allready returned in with the
said Humphreys, by which said bookes and plots I did thinke wee should have
given very good satisfaction or content, otherwise wee might have saved many
pounds and many dayes worke more than ordinary, that wee spent about the
said admeasurement, if possible to make it without exception. Better were it
for us not to be, then that the said Humphreys and my selfe should be the
molesters of soe many honourable and judiciouse men, besides the multitude.
Therefore I humbly crave that your Lordshipps may a litle, with patience, hear
me in our vindication, to give you a full account of our proceedings, and the
grounds therof ; because I understand there is a misinterpretation or construc-
tion put uppon our retumes.

Therefore I againe crave your patience, hoping that your Lordships, uppon
consideration of the ensueing particulars, a meane proportion will be found be-
twixt the two extreames that the lands in Kerrey are desired to be set out att.
The manner of our proceedings was in this sort, viz^ :

When wee came first in the countrey, wee viewed the place in a generall
way, considering the lands to be exceeding bad, and was about not to retume
any part of the said countrey profitable, but only arable and good pasture,
though our instructions did make mention of severall kinds of pasture which
did include and reach the worst pasture, vizS rocky, fursy, heathy, mountaine,
and bog, &c. butt yet it was soe bad, that wee intended to proceed. Butt then,
comming to the more remote part, viz*, Iveragh, Dunkeron, Glanneroughty
barronyes, the greatest part of Corkeaguiny barrony, the parishes of Kilcommen,

Killagha,

( 95 )

Killagha, Ac., and the west ffractions in Magunnity, with much of the moun*
taine called Sleavelogher, in the barony of Trughanackny, Magunnity, Clan-
morrisy and Iraght-Icannor, wee were at a loss, for the like quantity that wee
were about to retume unprofitable in the more habitable places was even as
good as many whole denominations consisted of in the said places, except some
small spotts of arable that was in some of them, and yet goeing by the names
of plowlands and parishes, &c. ; some mens whole estates consisting of such like ;
some of the said denominations wholly without arable. See that wee did not
know what to doe, but was very inquisitive of those that had been inhabitants
in the said places, and of our bounders ; soe that wee did clearly see that some-
thing had been made of those places, and something might be made of them
againe if stocked with catle ; and wee did not judge it safe to take uppon us to
cast away towne lands, parishes, nay even allmost barronyes, wholly for unpro-
fitable. Wee could, allthough wee did at first soe judge, having never been in
the like places before, yett having information of the aforesaid, and seeing that
the said places were returned in the abstracts, and as plowlands and as parishes,
and were some mens whole estates, and that wee were informed that the said
course plowlands formerly paid contribution or taxes with the rest of the coun-
trey, when the same was leavied by plowlands, therefore we could not but judge
these places good for something, and resolved to make something of them.

Nevertheless one of us sent to the said D' Petty for his advice in the case,
who returned his answer to follow our instructions, which said instructions did
not give us any information what land to call profitable or unprofitable, save-
ing profitable lands by severall titles, viz^ arable, meadow, and pasture ; and
then makes mention of the severall kinds of pasture land, viz^ rocky, fursy,
stony, heathy, mountainouse, and bogg, &c., as aforesaid, soe that these titles
did include all that was in doubt as aforesaid. Soe that according to instruc-
tions and information of the said countrey, that wee doubted of, was, and must
of necessity be called profitable in itts kind ; but yet wee were in doubt, judg-
ing that it was not fitt that such lands should be accounted and given out in
sadafiiction for good lands, much of it being not worth the quitt rents ; but there
being noe provision made in such cases, wee did what wee thought most con-
venient and safe, which was that wee have now done, and presented to your
Lordshipps in our plotts and bookes.

Att our comming into the said county, and for a considerable time after, the

said

( 96 )

said Smith and Humphreys were not acquainted, either by letters or otherwise,
having n^ver seen each others faces, yet judged each others condition, think-
ing that wee must needs be in one and the same streights ; therefore wee desired
to see each other, and discourse the business ; and when wee came to present
the difficulties concerning the quality of the lands, to all intents and purposes,
wee lighted uppon one and the same way, in distinguishing the lands into three
sorts or parts, viz^ arable and good pasture, course pasture and unprofitable,
before seeing or hearing from each other ; and soe consulted concerning the
premisses, and resolved to put in execution our former purposes, viz*, to ex-
actly measure each denomination, and then to consider of the quality thereof,
and to run out by chaine and instrument all bog and mountaine that our bound-
ers (and with the best information wee could get on the place) did call wholly
unprofitable, that was without dispute, according to our and their judgements,
and to distinguish all the arable and good pasture land, and good wood, from
the rest of the course or midling sort of land, that wee did not know what to
doe with, but did consider how many acres of that course land was worth one
acre of good grazing land in those places where the said lands did lye, judgeing
that the most fitt and absolute way, with the advice of the chief inhabitants,
and there being allmost the same rule before us, which was of antient standing,
vizS the countrey was divided into plowlands, one plowland being great, and
another small, as they were in goodness and badness ; for many of the plowlands
were but seaventy or eighty acres, others are two or three hundred, and others
2000, sometimes 3 or 4000 acres. Now, at the first division of plowlands, they
did endeavour to make them equall in value each to other; but much of the
course plowlands being bog, in process of time the inhabitants have improved
some of the same, and made it fitt to bear come; soe that in one of these great
plowlands there will be as much arable now as in one of the small ones, besides
the number of catle the said great plowlands is able to graze above the small ;
soe that, ordinaryly and usually, in that countrey, the large plowlands is better
then the small, soe that wee could not set downe any generall rule to proceed
by plowlands ; and then many of them being wholly without arable or any good
pasture, and sometimes not any of it that wee could absolutely call unprofitable,
following the instructions and informations aforesaid.

Therefore wee did value, as aforesaid, whether ten, twenty, thirty, or the
like, was worth one acre of good grazing land in that parish or barrony, and soe

consequently

( 97 )

consequently did proceed in the like sort throughout the whole county. And
allthough that) in our instructions, there is not set downe that wee should value
lands, yet there wee are required to give the quality of every parcell surrounded,
and even of what sort and sorts.

Now the said county being generally mountainouse, rocky, and boggy, soe
that all the pastures came under one of these titles, and most times they are
rocky and boggy mount pastures in one and the same places, and yet there is
a great deale of difference in the quality, and the same title must be given to
it, though there be a great disproportion ; so that we judged fitt how to value
how many acres was worth one, even to distinguish betwixt course and course,
to answer that clause of our instructions.

And that your lordshipps might have a true account of the quality, and to
judge of it as you might thinke fitt. As to what wee have done in Kerrey, wee
can very well justifie quantities, but as for the quality of land wee had noe
rule to walke by, only as aforesaid, but did according to the best of our judge-
ments, and the best information wee could get; soe, breaking noe law, wee
thinke not to have wronged any, either the Commonwealth or souldiers, seeing
it was not said lands should be worth quitt rent, or else they are worth nothing,
or any other rate put uppon them. But, least you might thinke that wee were
not able to value or equalize lands as it ought to be, wee got one of the worst
parishes in the said county valued by the chiefest and ablest men that lived in
the place ; and finding what wee did, by the help of our bounders, to be just
and agreeable to the ancient custome of setting or dividing of lands in that
countrey, wee did proceed from time to time, much to our great paines, charge,
and loss of time.

Now whereas itt is said that there hath been such a large debate, that itt is
concluded that, according to the retumes of Kerrey, every acre that wee have
soe valued must goe for one as good land as any of the rest, I doe here declare
to your lordshipps that it was never soe intended by us, but that according to
our value, or something that should bee equivalent with the same, the land
should be given out, wee judgeing the said values or valueing to bee the only
meane betweene the two extreames ; for either must the said values stand, or
something equivalent with them, or else nothing but the small spots of arable
and good pasture must be accompted as good or profitable, and whole plow-
lands, allmost parishes and barronyes, must be throwne away, or else must all

IBISH ARCH. 80C. O gOC

( 98 )

goe for good, either of which would bee very ridiculouse, according to my
judgement, fibr on the one hand the Commonwealth would loose, and the soul-
diers on the other hand. Many of those souldiers that shall fall in those places
will have a bondage on them, instead of their haying satisfaction, for these many
yeares. Most part of Kerrey will not make or raise the quitt rents, some of it
never did, nor never will, and yett people lived on it, and is pasturable for cat-
tle, and yet, as aforesaid, not worthy the said quitt rent. Therefore, in this
doubtfull case, all that your servants could doe in the same, for the reasons
aforesaid, was only to be exact in giving the true quantity, and our judgements
concerning the quality, not assuming to ourselves to determine any thing therein,
but have layd the same open to your lordshipps, in only giving our sences
thereof, and leave you to judge. But this I will dare to say, that noe man or
men whomsoever that your lordships shall employ shall ever reconcile the dif-
ferences that arises concerning the premisses, except by this way proposed by
your servants, or something equivalent with it, except that they wiU throw
away all the benefitt that would arise to the Commonwealth in the said course
lands, vizS whole plowlands, allmost parishes and barronyes. And as for the
souldiers to take the same, every acre for satisfying acres, and pay quitt rent for
the same, it cannot bee exspected nor required ; for noe landlord can exspect
more then the full worth of his land, or require of one more then he can by
any meanes make, he using his best endeavours to improve it; yett will he not
wholly throw the same away, though hee cannot gett what hee would.

But as concerning the letter of the Act of Parliament, touching the setting
out of lands in Ireland, your lordshipps servants did and doe absolutely thinke
the word unprofitable will admitt of some interpretation ; not that I doe pre-
sume to give the absolute interpretation of the same, but, being a person con-
cerned, doe humbly offer my sence concerning the same, viz*:

Either must the Act admitt of some interpretation of the word profitable
and unprofitable, or else there is very little unprofitable land in Ireland, if any ;
for that is only barren that beares nothing, or that only unprofitable which is
good for nothing. And if this be all that the said Act of Parliament will hold,
in that case then I dare engage to find out, of the lands admeasured for the
souldiers and adventurers, above three or four hundred thousand acres of land
that shall bee absolutely profitable, according to that sence, more then is now
returned. But, as aforesaid, I did and doe judge that those very words of the

Act

( 99 )

Act will admitt of interpretation, therefore, and for the reasons before mentioned,
I proceeded in that method as wee have made our returnes to your lordshipps,
and not, as some did and doeth alleadge, that wee have made these values for
fear of the souldiers, and that wee durst doe noe other. And others doe informe
your lordshipps, as I hear, that wee have done like perjured persons, only for
our owne gaine. But I decleare here to your lordshipps, and all the world,
that the reasons before mentioned was the cause of our soe proceedings ; neither
did wee ever take uppon us to determine any thing, but, adjudgeing it a thing
to high for us, have here given a true description of the said county, and have
soe admeasured the same, that, however your lordshipps should doe or adjudge
in the case, our worke should be and is done ; for wee allwayes carefully distin-
guished how much arable and good pasture and wood was in each surround,
how much course, how much absolutely unprofitable, leaving the midling sort
to bee judged of by your lordshipps, or whome you should appoint, and not
otherwise, was clearly our intent and meaning: wee having noe rule in the
case, wee could not breake any.

Therefore, I humbly crave that your lordshipps will harbour a charitable
opinion of us, this being the true state of the case, whatever may be told you.
And whereas itt is alledged that wee were concerned to bee paid by the thou-
sand acres is the only cause why wee have soe proceeded, there is an instance
to the contrary, for there was five barronyes of the said county undertaken by
one of us by the thousand; and afterwards there was three more undertaken by
the other to be paid by the mile, it being all one to him if it had been all pro-
fitable or unprofitable. And when he came to the countrey, he went about his
worke, and had done, with himselfe and asistants, most of his worke before wee
saw each other, or did advise by letters or councill together, as was before ex*
sprest, but, being surrounded with the same difficultyes, was forced to walke in
the same path, and make a true admeasurement of every kind, and submitt to
better judgement to determine.

I was thinking to have cutt of by line some of this course or midling sort of
land, and call some profitable and some unprofitable, but that itt is generally of
one Idnd of soyle in one denomination ; and to have cutt the same in parts, and call
one part profitable and another part unprofitable, they being allike in quality,
orneer, would have been ridiculouse, both to your lordshipps and the souldiers;
and to throw it wholly away wee could not, neither return it as satisfying acres.

O 2 Therefore,

( lOO )

Therefore, all wee could doe was only to present the true state of the case
before your lordshipps. And allthough wee are soe much blamed for valueing
of lands, and the retume of the civil survey is commended, because they sett
downe pasture, how much really profitable, and how much unprofitable, and
have sett downe the quality of the profitable, vizS arable and pasture, &c. But
if the very persons that made the said retumes should bee desired to shew their
lo, 20, 30, or 400 acres, &c., of good pasture land, which they sett downe in
most of the townelands that are course, they cannot shew it, nor in any way
demonstrate, but must bee forced to say wee could ten or twenty acres to be
worth one ; or else as if a man would cut a piece of cloath in two, and call one
good and the other bad, though both be one, which would be ridiculouse, as
aforesaid. Soe they call such a comer that is neer their dwelling profitable,
and that which is a little further of unprofitable, though the same in quality;
soe that the civill survey doeth as wee have done, though not declared the
same. But if wee had done as they, and that soe generally, it would have been
required that wee should scituate the severall quantities, which they in the
civill survey cannot doo; neither could wee, if wee had done as they did.

Now wheras many things hath been alledged against us, itt may bee that
these my proposalls may be supposed that I was incited or moved by the soul-
diers to doe it; but doe here declare ingeniousely that, directly nor indirectly,
either souldier or any instrument for them did ever move me to this or any
thing else that I have done concerning the premisses, in my retume or other-
wise ; but what I have done was, to the best of my understanding, to discharge
a good conscience in it, as I l}ave grounds to believe M' Humphreys did ; soe
that I thinke wee are not blameworthy, but ought rather to be considered,
having the most intricate piece of worke, and spent more time then any, and
worked as hard as any, and was at more charges then any admeasurers in Ire*
land. Indeed, wee were noe otherwise then slaves, our wages not bearing our
charges by many pounds, and for all our care and diligence cannot please our
masters. If a torment had been invented, never could have been greater, short
of death, for wee have lost our time, and men doe their endeavoures to take
away our good name, and all this while wee are cleare, as wee hope your Lord*
shipps will now be satisfyed ; and will see an absolute necessity in finding out a
meanes betwixt the two extreames in setting out lands in Kerrey. Hoping your
Lordships will take the premisses into seriouse consideration, as much hath been

said

( loi )

said against us, that you may consider the litle causes given by us, if their be
but a right understanding of our proceedings ; and where I have done foolishly
or ignorantly in these my proposalls, I pray you pardon mee, for presump-
tuously I have not done it to offend you in any thing, and hoping you will soe

adjudge of mee,

Your Lordshipps humble Servant to my power,

Lewis Smith.
Dubl. ult. Junii,

1656.

TO HIS HIGHNESS THE LORD PROTECTOBS COUNCILL FOB THE AFFAIBE8 OF IBELAND.

The humble Addresae of the Agents of Leinster and Ulster.

Whereas severall attempts have been made for an accommodation betweene
Munster and the other two provinces, which have been rendered ineffectuall,
as wee conceive by the Munster lott, yett because wee are sensible they will be
apt to charge the same uppon us, and that hereuppon will arise new disputes,
to avoid further delay, that wee may retume to our respective charges, wee
take the boldness humbly to withdraw ourselves firom this argument, and insist
uppon the Act of Parliament, by which we ought to have fiiU satisfaction for
our respective arreares at the Act rates, and by the land ought to be sett out by
Iot| which lott was drawne by order and approbation of the Commissioners of
Parliament, in pursuance of that Act of Parliament.

Thus wee have removed the delay now put uppon the subdivision from our
doores, and doe not hold ourselves obliged to medle any further therein, then
humbly to demand our due and full satisfaction for our arreares, and to bee
ready to receive the same according to law, lott, and rule, which wee are well
assured is your honoures intention towards us.

Ric. Ffbanklin. Dan. Azteixe.

W^. PUBEFOY. Jo. D18WOW.

Pkt. Wallis. Ric Pbbston.

Hen. Floweb. Dan. Redman.

H. HuBD. Rob. Smith.

J. Rawlins. W**. Lowe.

Jo. Wabben. Ja. Stopfobd.

£d. Wabben. Jo. Galland.

The

( I02 )

Tlie ProposaUs of the Munster Agents to those of Leinster and Ulster^ rejected by

them, and now humbly preeented to the CouncilL

That the first ezspedient of the committee of the CounclU may stand, viz^
the laying aside of Dunkeron and Iveragh, wee being concluded to wave the
laying aside of Olanneroughty , if the agents of Leinster and Ulster wave the
lajdng aside of Duffry, Ossery, Oner, Ffewes, and Cremome.

That if this is not admitted, Dunkeron and Iveragh being wholly layd aside,
then wee doe offer that, if the agents of the two provinces stand uppon the lay-
ing aside of Duffrey, Ossery, Orier, Ffewes, and Cremome, that those severall
barronyes of Duffrey, &c., excepted against by them, shall be accepted of by
the agents of Munster, to satisfie the debt of that province att the Act rates, soe
farr as they will goe ; and some barronyes of Munster, that the agents there have
made noe exception against, shall bee given to the agents of the three provinces
in lieu thereof, that shall satisfie the like proportion of debt; and in the ex-
change, the barronyes of all three provinces to bee accepted of at the Act rates.

Signed by order of the agents of Munster,

HiB. Sakkey.
2** July, 1656.

By all which it appeares —

I St. That the army and Councill became content that the land should bee
sett out by D' Pettyes Survey, after they had just then spent much time in ex-
amining of it.

2dly. That the Doctor was in such creditt with both, as to bee appointed a
trustee for distributing the whole ; and when three of six were left out of a new
commission, dated 7^ of July, 1656, hee was one of the three that remained in
the employment. The which, with the desire of many principall persons in
December last, that he should finish the survey of all Ireland, and Lewis Smiths
patheticall, though plaine, narrative aforementioned, I conceive to be a fair an-
swer of that second and great clamour, though the same yett remaine with some
spitefuU and ignorant persons, deafe adders, that will not hear, though they bee
charmed never soe wisely, and with such whome brayeing in a morter will
beat noe reason into.

CHAPTER

( I03 )

CHAPTER XI.

I MUST now goe a little backewards to relate How this survey was examined.
In order whereunto I must begin to tell you how, in the beginning of March,
165^, the ly brought in an accompt of his undertaking, with the following pe-
tition and proposalls thereuppon :

TO HIS HIGHNESS THE LOBD PB0TBCT0R8 COUNCILL FOB THE AFFAIBE8 OF

IBELAITBB.

The humble Petition and Propoealle of D^ William Petty.

Having, by the blessing of God, brought the worke of the surveyes by me
undertaken soe near to an end as concemes my engagement, or the reason of
the said worke, and having many poor men now out of employment, dayly
calling uppon me for a finall determination of their accompts, in order to a full
satisfaction of their wages, and aUsoe for taking up their respective bonds and
freeing their security, desire as folio weth, viz*:

I St. That your honours would direct what kind of vouch or approbation will
bee fitt to be affixed unto the said worke, soe as to make it a ground where-
uppon to satisfie the arreares of the army, and an authentique record to posterity,
and att what time the said vouch shall be soe affixed, vizS whether before the
army be put into possession, or not untill the time allowed for excepting against
the said admeasurement bee exspired, and all errors and omissions discovered
betweene this and then corrected in the said survey, and untill that each lott
can bee allsoe exspressed therein, &c. ; and your petitioner being at present
ready, Ffirst, to give in a certificate, signed before wittnesses, from each sur-
veyor, having been first swome for the trueth and sufficiency of his respective
worke, the same being annexed to the printed instructions which he received
firom your petitioner for doeing the same ; adly, to give in a certificate under
the hands of such persons as examined the said worke, and who made up the
fidr bookes and plotts now to bee delivered in, attesting the said worke hath
been well and sufficiently performed. 3dly. Your petitioner himselfe will,

under

( 104 )

under his hand, owne the said instructions^ and the sufficiency of the said
measurers, as alsoe the sufficiency, diligence, and integrity of each of the said
examiners, for ought hee could ever heare or find to the contrary : all which,
together with the offers hereafter tendered for the repairing of omissions and
correcting errors, is humbly conceived an higher satisfaction then ever, for
ought appeares, was given or required in the like cases before.

2dly. As your petitioner desired to know how and when the surveyes shall
bee vouched, soe alsoe he further desireth to know when they shall bee absolutely
delivered into the Surveyor-Generalls office, humbly offering that, in case itt
shall not bee thought fitt to deliver them up untill all the abovementioned par-
ticulars bee fully perfected, and that duplicates according to the most corrected
copies be given out to the souldiers, according to agreement, which can not bee
done for severall monethes yet to come, to furnish men well versed in the said
surveyes, who for a reasonable allowance shall from time to time give the Sur-
veyor-Generall satisfaction to any matter contained in the said surveyes, where-
unto alsoe himselfe or instruments may have free access uppon all occasions.

3dly, Your petitioner humbly prays that noe dubiouse exspression in his
articles may bee used to retrench any part of his pay due according to the rates
of the respective place of the survey of any lands actually by him admeasiured,
allthough since suspended or reserved from being sett forth, nor for the survey
of lands which, allthough they were not in the abstracts of the civill survey, yet,
being uppon other information suspected to bee forfeited, were admeasured at
the petitioners charge, for noe other imaginable reason then the advantage and
service of the Commonwealth only ; fforasmuch as your petitioner, by receiving
and distributing orders concerning such suspensions and other alterations, hath
been at more labour and trouble then the actually setting out of the said lands
unto the souldier would have required, and since those, for whose behoofe such
dubiouse lands were admeasured, to wit, the army and the proprietors, for whose
benefitt they were reserved, as alsoe your honoures, who have still hereby the
knowledge of such lands, may alltogether better bear the said loss then your
poor petitioners who receiveth noe kind of advantage thereby.

4thly. Your petitioners, as in duty bound, and that a worke of soe great
charge and consequence may not remaine imperfect in the least materiall point,
doth humbly mind your honoures that his instruments have fallen into severaU
unavoydable omissions, sometimes in not distinguishing betweene publicke de-
nominations,

( »05 )

nominations and proprieties, through the want of meeresroen, or through the ob-
scurity and faults of the abstracts delivered unto them, being only breif lists of
the laoids to bee admeasured, with the names but of part of the proprietors unto
whome they belonged ; and sometimes by not distinguishing the quality, by
reason of the dubiouse and intermixt nature of the land itt selfe, or the innac^
cessibleness thereof, by being overflowne, &c., as alsoe for want of information
in wast countreys, and of such light from the civill survey as might have been
afforded unto them for the reparation of all such the said omissions as are ne-
cessary and possible to be repaired : your petitioner doeth freely offer that, your
honoures finding meeresmen,and bearing but the travailing charges of the worke-
men, he will doe the rest att his owne charge, provided his other grieveances
bee considered, and a list of the said omissions bee delivered unto him this en-
sueing summer.

5thly . Allthough your petitioner bee consciouse of noe one matteriall error
in the whole admeasurement, yett in order to the satisfaction of the complaints,
how causeless soever, made against itt, hee humbly propounds, ist. That fforas-
much as care hath been taken to instruct the workemen and to adjust the instru-
ments used in this survey, as alsoe that the severall measurers having beene
swome, and vouched their respective worke, the which hath been examined
by impartiall and able men, noe impeachment be admitted against itt, unless
grounded uppon a readmeasurement depending uppon the like causes of truth
and sufficiency with this survey of your petitioners, and made with the same
mearesmen, or by traceing the same marks and holes uppon the land. 2dly.
Uppon such an impeachment your petitioner further desires that the party
complaining may give bond to save your petitioner harmlesse in case the said
complaint be causeless or grounded rather uppon the complainants mislike of
the quality of his land then the measurers mistake in the quantity. 3dly. That
there be three sett times appointed for making these reviewes, viz*. May next,
October following, and Aprille come twelvemoneth, that the same may be
feaseable to your petitioner, and not in the winter time, to the prejudice of the
Commonwealth. And uppon these equitable groundes your petitioner shall send
backe into the ffield, the complainant advanceing one halfe of the charge and
your petitioner the other.

6thly* That your honoures would appoint unconcerned persons to consider
how farre your petitioner is obliged, either by his contract or in equity, to the

IRISH ABCH. soc. P double

( io6 )

double laboure of a particular subdivision after his first survey hath been wholly
and long since ended for the most part; and, however the same shall bee con-
cluded, your petitioner humbly prays that, for the honour of the State, the ac-
commodation of the army, the feaseability, if not the facillity of the worke, the
subdivision, both of the grand and of particular lots, may be more regularly
managed then heretofore, both as to the method and the time of finishing and
concluding the same, without which all persons concerned therein will bee in-
volved in endless controversyes and attendance, your honoures dayly disturbed
with petitions, the survey rendered firuitless, and the plantation of Ireland re-
tarded.

7thly . Your petitioner humbly prays that a particular remonstrance of his
extraordinary grieveances and sufierings through the whole course of this worke,
whereof he hath hitherto made a hard shift to bee silent, both for the good of
the service and the ease of your honoures, and alsoe of his extraordinary ser-
vices over and above his obligation, may be considered in honour and conscienoe,
by remitting the moneyes formerly paid for the late gross surrounds, and by
granting him one penny per acre for the lands admeasured in the county of
Dublyn, Carlow, and the reserved part of Corke, as allsoe for the church lands,
to bee paid by the next that take them, for setting out of the said lands unto
them ; the same being as necessary and more difficult then in any other place
where the said allowance is made.

8thly. If there bee any other objection against your petitioners wages or
worke then what hath been candidly abovementioned by himselfe, hee desi-
reth the same may bee madeknowne unto him, whilst his instruments have yet
some dependance uppon him, and that he may be forthwith admitted to pass
an absolute accompt for such worke as is fully prepared for that purpose, for
satisfaction of those as stand bound with him, and for the speedy easing of your
poor petitioner, at least from some part of those dangerouse engagements where-
with hee stands entangled.

pthly. And lastly, your petitioner, having received very litle money uppon
this vast worke, but engaged himselfe into debts all over the nation, to let your
honoures see how really hee ever intended to serve the publique in this under*
taking, — againe, having att this time worke done for above 5000^ more then
he hath received pay, and been hitherto content with base money, received in
a most troublesome and dangerouse manner,— doeth now humbly pray that he

may

( »o7 ;

may forthwith receive 3000^, whereby in some measure to stopp the clamoures,
for the present, of some hundreds of poor people ; and that the remainder bee
paid him at Dublyn, in good sterling money, according to the contract; soe
that your petitioner, after the many dangers and vexations he hath night and
day all along endured, bee not at last rewarded with mine and calamity.
Whereuppon the CounciU issue the following order, viz^ :

By His Highnease the Lcrd Protector$ CounciU far the Affaires of Ireland.

Whereas D' William Petty hath tendered unto this board an accompt of his
proceedings of the downe sturvey of the forfeited lands, both profitable and un-
profitable, within the barronyes of the ten halfe countyes appointed by lott for
the satisfaction of the arreares of the ofiBcers and souldiers in Ireland mentioned
in the late Act for satisfaction of the adventurers and souldiers, and of the
downe surveyes of the countyes of Wexford, Wickelow, Kilkenny, Kerrey, Long-
ford, Corke, Kildare, Tyrone, Derry , and Donnegal, being the additionall secu-
rity appointed towards satisfaction as aforesaid ; as alsoe of all the forfeited lands
not yet disposed of or sett out within the counties of Dublyn, Carlow, and the
remaining part of the county of Corke, and of all crowne lands and lands for-
merly belonging to the archbishopps, bishopps, deanes, deanes and chapters,
or others of that hierarchy, within any part of the said countyes ; the Council!,
having taken the same into consideration, doe hereby order that Collonell Hew-
son, Collonell Sankey, Collonell Lawrence, Major Morgan, Benjamin Worseley,
Esq., Major Symner, Captain Webb, and Captain Mullineux, doe, uppon Thues-
day, the 11^ instant, att nine of the clocke in the morning, attend the commit-
tee of the CounciU appointed to consider of the said accompt, att the Coimcill
chamber, to the end that then and there the articles of agreement made betweene
the Commonwealth and the said D'^ Petty, for performance of the said downe
admeasurement, may be perused, and a serious view taken of the originall and
other plotts and ffield bookes, with what else relates thereto, and that, by com-
paring the said downe admeasurement with the civill surveys made concerning
the said forfeited lands, and examining such part of the premisses as they shall
thinke fitt, they, the said committee of the CounciU, with the help of the said
asistants, may from thence, and by such other wayes and meanes as shall bee
found exspedient, informe themselves concerning the true performance, method,
and usefuUness of the said downe survey, for answering the ends of that under-

P 2 taking,

( to8 )

a

taking, and, uppon the whole matter, bee enabled to report unto this board
whether, re vera^ the said D' hath performed the seyerall parts of his agreement,
whether there bee any failure on his part, and wherein ; and to offer further
what they conceive necessary touching the same.

Dublyn Castle, the lo*^ of March, 1655.
Tho. Hebbebt, Clerk of the Councill

On the 11^ of March, the abovementioned referrees mett at the Councill
chamber, whether the Doctor brought above fifty surveyors, soe as any of them
might protract, ex temporey any ffield notes that should unawares to him bee
called for, that itt might appeare that the same ffigure arose firom such protrac-
tion out of the field notes, as had been before exhibited in the respective plotts,
and that the joining and comparing of common lines might bee tryed.

The whole morning was spent in discourses uppon the best, speediest, and
surest method whereby to make the intended examination ; Collonell Thomlin-
son being, pro re ncUOf in the chair, as one who tooke a more speciall care for
the punctuall peformance of the worke, as well for the D" creditt and security
as the States advantage : the result of all being what is exspressed in the fol-
lowing order, viz* :

By His Highnesse the Lord Protectors Councill for the Af aires of Ireland.

Whereas D^ William Petty hath tendered unto this board an accompt of
his proceedings uppon the downe survey of the forfeited lands, both profitable
and unprofitable, within the barronyes of the ten halfe counties appointed by
lott for satisfaction of the arreares of the officers and souldiers in Ireland, men-
tioned in the late Act for satisfaction of adventurers and souldiers ; as allsoe of
the downe surveyes of the countyes of Wicklow, Wexford, Kilkenny, Kerry,
Longford, Corke, Kildare, Tyrone, Derrey, and Donnegal, being the additionall
security appointed towards satisfaction as aforesaid ; and of all the forfeited lands
not yet disposed of or sett within the countyes of Dublyn, Catherlogh, and the
remaining part of the county of Corke ; and of all crowne lands, and lands
formerly belonging unto archbishopps, bishopps, deanes, deanes and chapters,
and others of that hierarchy, within any part of the said countyes : the Councill,
having taken the same into due consideration, have thought fitt, and doe hereby
order, that Major Anthony Morgan, Major Symner, Captain Mullineux, and

Captain

( lop )

Captain Webb, or any three of them, bee and they are hereby appointed a com-
mittee to conferr with the said D*^ Petty concerning the same ; and they, or any
three or more of them as afforesaid, are to examine by the best wayes they can
into the trueth of the originall ffield bookes and plotts relateing thereunto in the
said D** custody ; they are alsoe to enquire into the true performance of the ex-
act method and keeping the said field bookes, and such otherway as they shall
conceive fitt for the better examining and checqueing the worke, either by joyn-
ing the common lines of severall mens workes, by reprotracting each line and
angle according to the originall ffield bookes, or by comparing of each sur-
round with the abstracts and catalogues of lands to be surveyed ; they are to cast
up and recast the contents of every surround, and in such parts as they may
conceive exspedient for exsperimenting the truth of the said D'* undertaking ;
and to make the best discovery they can of the perfection of the said admea-
surement and satisfactoriness thereoff; and likewise to observe what imperfect
worke hath been made and rejected. And the said committee are desired to sitt
uppon this business de die in diem, soe as they may report their proceedings, to
this board by Thuesday next, being the i8^ of this instant moneth, or before,
if possible; the speciall care hereof being recommended to Major Morgan.

Dublyn Castle, the ii^ of March, 1655.
Tho. Herbert, Clerke of the Councill.

The which order was corroborated with the other order following, that
Mr. Woraeley might miss of noe opportunity to trye the performance most
effectually.

By JSa Highness the Lard Protectors CouncUlfor the Affaires of Ireland,

Whereas, by an order of this board. Major Morgan and others are appointed
as a committee to consider of the downe survey of the forfeited lands in Ireland
undertaken to bee admeasured by D^ William Petty, whereof a particular ac-
compt hath been by the said Doctor tendered unto this board accordingly, as
alsoe what they found uppon the perusall thereof concerning the truth of his
proceedings therein, and of the satisfactoriness thereof for publicke use, accord-
ing to contracts:

Itt is now further ordered, that the Surveyor-Generall of lands doe, accord-
ing

( no )

ing to the duty of his place, attend there in the behalfe of His Highness and

the Commonwealth.

Dublyn Castle, 13*^ of March, ^655.

Tho. Hbrbbbt, Clerk of ike CouncUl,

The which two orders were answered with the following report:

To Bis Highness the Lord Protectors CounciUfor the Affaires of Ireland,

In obedience to your Lordshipps reference, bearing date the 1 1^ of March,
1655, wee have mett and considered of the matter therein contained, and have
proceeded as foUoweth :

I St. Wee have considered the ability of the persons imployed in the field
worke.

adly. The instructions given them.

3dly. The method of the fleild bookes.

4thly. The way of protracting and casting upp.

5thly. What checques were appointed for the said worke.

In examination of the first head, yiz^ the abilityes of the persons imployed
in the ffield worke, wee find that many of the persons who were therein im-
ployed were persons who till that time had never been imployed in a worke of
that nature, and not able to protract their owne worke, but only delivered up
their field bookes to bee protracted and cast up by others.

To the 2d head, touching the instructions given, wee doe not find them
short of the instructions required by the contract twixt the Commonwealth and
D' Petty.

To the third, vizS the method of the ffield bookes, wee find the method
suitable to the performance of a worke of this nature.

To the 4th head, vizS the way of protracting and casting up, we find that
where such persons were imployed who could not protract their owne worke,
others were imployed with them, to receive their ffield bookes and protract their
worke in their presence.

To the fifth head, vizS what cheques were appointed for the foregoing
worke, we find that eight persons, whose ability wee have examined, doe oSet
to depose uppon oath that they were employed as comptrollers of the foregoing
worke, by yearly salary ; and that, to the best of their care, skill, and knowledge,

they

( "» )

they have examined the said worke, by joyning the common lines of severall
mens worke, by reprotracting each line and angle according to the originall
field bookes, comparing each surround by abstracts or catalogues of lands to
bee surveyed, received from the Surveyor-Generall his office, and by casting or
recasting up the contents of every surround; and that in order thereimto they
have severall times, and as often as there was occasion, rejected such faulty
worke as hath been brought unto them, and caused the same to bee corrected
in the ffield and otherwise : and that they have examined the severall transcripts
and copies both of the plotts and references vouched by Doctor Petty, and to
be given into the Surveyor-Generall his office, and that they find them to agree
with their respective originalls given in by the respective authors of them.

Wee further find,uppon perusall of the foule draughts of the originall mapps,
that severall faults in the ffield worke of less moment, being found out by the
sud checque, are recorded in order to amendment at the subdivision.

Wee alsoe find that D' Petty tooke bonds of such as he imployed to survey,
the condition whereof was, that they should well and truly performe the said
survey, according to the instructions given them : from whence wee judge it
was as cheap to him to reject as admitt faulty worke.

To conclude, wee humbly offer as our opinion, that noe other test can bee
made of the said survey by the inspection of ffield bookes, plotts, books of refe-
rence, instructions, books of abstracts, &c. ; but that what soever faults may lurke
in the said worke can bee noe otherwise found than by the care of the respec-
tive persons therein concerned, which nevertheless wee humbly submitt.

Ant. Morgan.
17^ March, 1655. Sam. Mollineux.

Will. Wbbb.

The said referrees having, viva voee^ examined severall of those ffield and
house workers, who have signed the certificates above mentioned in the
chapter of this discourse. After this examination, the Surveyor-Generall
thinking another kind of examination further requisite, as alsoe to audite the
accompt of acres admeasured, there issues the following order.

By Bis Highness the Lard Protectors CouncUlfor the Affaires of Ireland.

Ordered,

That Benjamin Worseley, Esq., Surveyor-Generall, doe forthwith take care

for

( 112 )

for the examining and casting up of all the seyerall plotts and bookes of refer-
ence returned in by D*^ Petty of the survey of the three provinces, and doe see
that the same bee duely perfected and returned according to the articles of his
agreement or contract, or otherwise to state and present the deffects of the said
survey to this board. For the better performance and dispatch of which exami-
nation, the said Surveyor-Generall is to imploy soe many able and discreet per-
sons as hee shall thinke fitt, not exceeding the number of four, and to give to
the said persons such allowances for the same as hee shall thinke (itt, not ex-
ceeding ten pounds to each of them. For the doeing of which this shall bee your

warrant.

Dublyn Castle, the 15^*" of May, 1656.

Tho. Hkbbert, Clerk of ike Councill,

Now, fearing least this scrupulouse examination should prove excessive te-
diouse, it was desired that the Surveyor-Generall, before the said order, would
dispatch the same in about three moneths time, to the end neither the army
should stay for their satisfaction, which was not to bee given them uppon an
unaudited unallowed survey, nor the Doctor bee needlessly retarded in the pass-
ing of his accompts ; whereuppon he caused four asistants, with ten pounds
reward to each, to bee allowed, and gave the following engagement before he
received the last mentioned order.

I doe hereby promise to dispatch and pass all such examinations and states
relating to the bookes and plotts of survey to bee exhibited imto mee by Doctor
William Petty, as I shall thinke fitt to make uppon the same, either as Sur*
veyor-Generall or as a contractor with the said William Petty, by or before the
fifth day of July next after the date hereof; as wittness my hand this 21 of
March, i6;5 : provided the said Doctor bring in the said bookes by the fifth of
Aprill, or otherwise : as I shall desire.

Benj. Wobbblet.

But it was the eighteenth of August before he had examined some of all the
severall sorts and species of the worke, thereby to have a knowledge of all the
faults and defects which possibly could happen therein, att which tixxfd hee gave
in the following report, referred to a grand committee for their consideration.

In obedience to your Lordshipps order for requiring me to report the state
of the examination of D^ Pettyes surveyes, with what defects I find in the said

survey.

( 113 )

suireyy in reference to the particulars undertaken by the said Doctor, as like-
wise to report what things remaine still to bee performed by the said D', for the
finall compleating of his whole contract with the Commonwealth, I humbly
certifie as followeth.

That being, by your Lordshipps order of the fifteenth of May last, autho-
rized and impowered to imploy soe many able and discreet persons as should
bee thought fitt for the better performance and dispatch of the examination of
the said worke, I, having conferred with the said persons, and perused seyerall
of the notes and observations taken by them, doe find this accompt ensueing to
bee given, viz*:

I St. They doe certifie that, in examining the same, they doe find the severall
lands are returned by the said Doctor in some of the said barronyes, for which
there appeares no voucher, either in his abstracts or in the bookes of the civill
survey.

2dly. That whereas the said Doctor was by his contract to admeasure all
lands into its lowest denominations, yett wee find severall denominations to have
been admeasured in one surround together, without being distinguished, either
in their meets, bounds, or contents, one from another.

3dly. Whereas the said Doctor was by his said contract obliged allsoe to sett
downe all particular proprieties within any towne land or other denomination
of land, to the end the quality of each particular mans estate forfeited may bee
knowne ; yett they find severall lands admeasured belonging to diverse proprie-
tors, the estate of each of which proprietors are not at all distinguished, either
by admeasurement or by estimate.

4thly. That they, in examination of the said retume, doe find that some
towne lands have been admeasured, which are partiy forfeited and partly unfor-
feited, and yet the whole surveyed and put into the creditt without being dis-
tinguished, or any deduction made for the said lands unforfeited.

5thly. They find much defect in tiie particular surveyes and retumes of
timber wood.

6thly. They find severall commons to bee surveyed and returned in the
creditt, belonging partly to lands forfeited, and partly to lands unforfeited, and
for the survey of which there appeares noe vouchers in the abstract.

7thly. They find many parcells of lands returned for unprofitable lands

under five hundred acres, which lyes together, but are separated by lines, or

i&isH ABCH. 80C. Q are

( tM )

are joyned with other great parcells of land which are wholly unprofitable, and,
being added together, are above five hundred acres.

Sthly . They find large scopes of land returned partly profitable, partly un-
profitable, where there is noe manner of distinction or possibility of checque to
know which is either, of all which they have in the annexed paper offered some
particular instances.

Besides which errors and defects in the retume of the said survey, I find
that the Doctor is by his contract bound,

I St. Actually to subdivide and sett out by the instrument to each officer and
soldier the land due to them respectively, according to their respective arreares.

adly. Carefully to retume by admeasurement with the instrument the out-
meares and bounds of all and every the barronyes within the severall countyes
specified in his contract^ to the end that as well the civill bounds and meares of
each barrony may be the better knowne and preserved, as that perfect mapps
may be had both of the said countyes and barronyes.

3dly. To deliver into the Surveyor-Generall his office particular platts, with
bookes of reference fairly engrossed belonging [to] the said platts respectively
of all the lands admeasured by him, noting and mentioning likewise all such
subdivisions of lands as shall bee made to each particular person.

4thly. That he is by the said contract to deliver the platts and bookes of all
crowne lands, and of all lands belonging to any archbishopp, or other officer of
that hierarchy, distinctly by themselves, that is to say the platts and bookes of
forfeited lands by themselves, and the lands belonging to the Inshopps and other
officers of that hierarchy by themselves.

5thly. That besides such platts and bookes of referenee returned for the use
of the Commonwealth as aforesaid, the said Doctor is by his contract to deliver
soe many other mapps, platts, and books of reference belonging to them, as shall
demonstrate to each officer and souldier the severall proportions of lands due to
them, provided noe mapp were required of proportions less than a thousand
acres.

6thly. The said Doctor is by the said contract bound to reimburse and pay
baoke to the Commonwealth all such summ and summs of money as either had
been then paid, or such other summs as might justly and lawfully bee demanded
firom the Commonwealth, to bee satisfyed and paid in reference to a former
agreement made with certaine persons for admeasurement of part of the said

lands,

( "S )

lands, to be surreyed by the said Doctor, according to the nature or tenure of
the said agreement.

Tthly. To correct and amend whatsoever complaint shall bee made against
the said survey, provided the said complaint bee exhibited within twelve-
monethes after subdivision is made and possession given ; provided alsoe the
said Doctor have three moneths time given for the correcting or rectifyeing the
said error after the said complaint is exhibited.

B. WOBSLBY.

1 8" Aug. 1656.

In answer to which report there was presented the following papers :

As to Defalcations for mich Lands as have been actually admeasured^ although
they were not found either in Abstract or Civiil Survey^
I humbly answer:

ist That unless the civiil survey should say that the lands for which pay-
ment is demanded are not forfeited, there can be noe ground for any such re-
trenchment, fforasmuch as such lands are either members of the forfeited
lands named in the abstracts, or else concealed lands which are certainly to be
looked uppon as forfeited, for otherwise what reason should there bee for their
concealement ? and therefore they ought to be paid for as forfeited ; and if it be
said that those unvouched lands may be members of unforfeited, then I say that
even in this case I ought not to bee retrenched untill the same shall authenti-
cally appeare.

2dly. When those unvouched lands shall appeare to bee obscure members
of unforfeited lands never named in the civiil survey, it was safer to presume
that such omitted denominations were rather forfeited and concealed then other-
wise, and it was better to pay for the measure of them then wholly to want the
knowledge and cognizance of any case wherein the State may have a right of
a thousand times more value then that litle charge of the measure. Moreover,
if it were fitt that the surveyor should loose his gaines uppon such worke, yet
certainely to loose the principles of his charge and labour thereuppon would bee
very hard, or to bee punished for that which more properly deserves a reward.

3dly. But supposing those lands were by name sett downe in the civiil sur-
vey for unforfeited, but not mentioned in the abstracts, the cause of this inocent
overacting is rather a defect in the abstract, since such mention might have been

Q 2 not

( "6 )

not only easily but alsoe very usefully made, both for the avoiding of the mis-
takes in question, and allsoe for many other considerable purposes, rather then
a punishable fault in the measurer, who had the voice of the countrey for his
warrant, whereunto hee might hope to hearken allmost as safely as to the ab-
stract, which had often misinformed him.

4thly. If the measurer had not adventured in these cases, much lands re-
turned forfeited by the civill survey had been now tmadmeasured, because the
abstract was by mistake silent thereof; wherefore the service which hath been
done in this kind doeth exspiate the overactings in question, allthough they
were as clearely faults as they are certainely good services, and such as deserve
an extraordinary encouragement.

5thly . I my selfe have been soe really convinced of the reasons of these alle-
gations, and have soe litle doubted of your Lordshipps concurrence, that I have
actually paid for those unvouched lands unto all those with whome I have cleared
accompts, and doe fear that, when I shall deny the same to others, that a clamour
will arise thereuppon, which will not stay untill it reach your Lordshipps eares
and considerations.

6thly. The unvouched lands, which, allthough measured, will hereafter
cleerly appeare unforfeited, are soe few, that the pay due for them will be a very
triffle to your Lordshipps, though great burden and disappointment to that poor
man uppon whome the same shall fall ; and, for my owne part, I have said thus
much unto itt rather to vindicate our proceedings then doubting that soe many
words are requisite to move your Lordshipps to soe reasonable a concession.

As to the Measuring of Commona,
I humbly answer:

I St. That most of them were in the abstract.

adly. In commons partly belonging to delinquents, and partly to Protestant
proprietors, the States interest can not bee knowne without admeasurement.

3dly. The commons measured without the vouch of the abstracts are very
inconsiderable in their quantity.

As to the Undistinguishment of Timber Woods,
I humbly answer:

I St. That the omissions are not many, since I had notice that such distinc-
tions ought to bee made.

adly. Timber

( "7 )

idly. Timber woods were never mentioned in my articles.
3dly. Itt is uncertaine how the extent of such timberwoods should bee de-
tennined or circumscribed.

As to the UndisAngtdthments of the Quality^
I humbly answer:

I St. That this omission hath been but in very few places.

2dly . That it did not proceed from any neglect, but from abundant of cau-
tion and tenderness in doubtfull cases, only not certainly knowing whether to
call them profitable or improfitable.

3dly. I am able and ready to make full and ample descriptions of such lands,
which is all the contract requires.

As to the DMnfftdAments, or omitting to run Lines whereby to distinguish^
ist. Betweene one denomination and another;
2dly. Betweene several forfeited proprieties;
^dly. Betweene Land belonging to tlie Commonwealth^ disposeable to the

Army, and such as are not to bee disposed of as Crowne Lands, Church

Lands J Burgage Landsy 8fc.;

I humbly answer:

I St That in many of the said cases the undistinguished denominations were
imdistinguished in the abstracts.

2dly . The abstracts did not containe the boundings of every parcell which
ought to have been admeasured, nor any other equivalent description of them,
whereby they might bee found out, and distinguished one from another.

3dly. The abstracts made noe mention of unforfeited lands, which had been
very usefuU, if not alltogether necessary.

4thly. The abstracts of crowne and church lands were in distinct bookes
from those of the forfeited, nor were they delivered untill the worke was very
forward. Moreover, they were very imperfect, and often very different from
those of the forfeited land, contradicting each other.

5thly. The abstracts did not soe much as containe the number of the pro-
prietors, much less of the parcells ; nor could the measurer tell from whome in
the countrey to aske or accept of information whereby to repaire the deficien-
cies of the abstracts.

In

( "8 )

In the next place I humbly offer:

I St. That mearesmen could not bee found, where these omissions have been
made, for any part of them.

2dly. That mearesmen could not be found for the whole, and therefore in
most cases itt was to noe purpose to meddle with any at all.

3dly. The meares of these small parcells lying, for the most part, in common
fields, were obscure and neglected, and withall never knowne but to very few
persons.

4thly. The omissions are chiefly in wast places, and when the transplanta-
tion, being most vigorously prosecuted, drove away such as might give informa-
tion herein.

5thly. The want of meeresmen is rather a failer on the States part then on
mine, as by the contract may appeare.

Thirdly, I humbly offer:

I St. That most of the omissions doe little prejudice either to the State or to
the army.

2dly. That they litle advantage the surveyor, for where denominations are
undistinguished, there subdivision is more troublesome.

3dly. Those who wrought by the mile in length, although they had noe
visible temptation thereunto, were as frequent in these distinguishments as
those who wrought by the thousand, which is an argument that neither was
voluntary.

4thly. Itt can be made appeare that more charge and time hath been spent
in vaine to procure meeresmen in these cases then would have performed what
is omitted.

5thly. I offered long since that if the State would bear the travelling charges

of surveyors to retume backe uppon the place of these omissions, and assure
them of bounders when they came hither, to pay them demurrage, that my selfe
would bear the charge of the worke it selfe.

Lastly, I humbly offer:

That for more extraordinary Hues, vizS parish lines, tyeing lines, intersec-
tions, &c., have been done, to my extraordinary charge, then those for which
any advantage will accrue to mee by these omissions ; wherefore, since the cause

of

( "9 )

of these omissions was in the abstracts in the meeresmen, and in the transplan-
tation, and since these omissions have been litle prejudice to the State or army,
nor any advantage to me, and that I offered a reasonable exspedient to repaire
them, which was not hearkned unto, lastly, since much extraordinary worke
hath been performed in lieu of them,

I humbly desire the said defects bee not charged uppon me as faults ; but
rather such accidents and disasters as ever attend vast and variable undertak-
ings.

The Doctor applicating the same viva voce, and answering to all questions
propounded concerning those matters, all being performed in such manner as
nothing is extant exspresseing the Coimcills dissatisfaction to the D'* answers
to Mr. Worseleys said report.

When the rest of the worke was examined as aforesaid, which was in doeing
many moneths beyond the three above mentioned in Mr Worsleys engagement,
and to the Doctors charge above one hundred and sixty pounds in salary to
persons to attend the said examination, and when things were aboe very near
prepared to give the army satisfaction, the D'^ applyed to the Councill to have
his accompts stated, viz^, what money was clearely due unto him, consideration
being had uppon as well all allowances as defalcations relateing to the contract;
in order whereunto he presented a large remonstrance of his extraordinary ser-
vices and sufferings throughout this undertaking, to encline the Councill to use
such a tenderness towards him as he in reason and good conscience did deserve.

TTie humble Remonstrance of Doctor William Petty, concerning kia extra-
ordinary Grievances and Services in the Surveys of Irdand,

May itt please your Honours :

When your petitioner did first make the proposall of surveying all the Com-
monwealths lands in Ireland downe into very small parcells in about one yeares
space, your honoures, having just apprehensions of your petitioners insufficiency
for soe great a worke, seemed very indifferent whether or noe to divert that
afiiadre out of itts then present channell, or to adventure soe great summs of money
as the said proposall required on your petitioners meane abilities. On the other
side, your petitioner having far engaged himselfe and creditt in the ffeaseability
of that designe (which your honoures, the army, and allmost all others, judged

more

n

( lao )

more necessary and honourable then practicable) was, as it were, forced, for
saying his owne creditt, to undertake the same, even uppon any termes of dis-
advantage. Uppon the same grounds, even when your petitioner had contracted,
he was contented to remove all obstructions hereafter mentioned with his owne
paines and charge, and patiently to bear such as could not be removed, rather
then decline the said worke, or retard the performance of the same by too ofiien
and too troublesome adresses to your honours for reliefe.

But having now, through the great mercy of God, brought the whole worke
of the surveys soe near to an end as concemes either the engagement or the
reason of the said worke, and that for less then 5500^* charge out of the States
purse, besides the 2000^' advanced at first, whereof the greatest part was imme-
diately wasted uppon instruments, teaching workmen, making experiments,
and repairing miscarriages, your petitioner now humbly conceives it neither
unseasonable nor imreasonable to make the ensueing remonstrance unto your
honours of the said grieveance, nor doeth hee doubt of your tender and con-
scionable consideration thereof

The grieveances of which your petitioner shall now complune are either
such as he was, for the reasons afore mentioned, forced to admitt into his con-
tract, though contrary to the first intention thereof, or such as your petitioner
could not foresee would happen in the performance of the said contract (to
both which your petitioner can only implore your honours favour and indul-
gence), or else they are such as your petitioner hath voluntarily submitted unto,
over and above his said contract and obligation, for the better and necessary
answering of ends, and for complying with all the exigencies which the State,
the army, your petitioner himselfe, and his instruments, have been cast into
from time to time, since the first undertaking; and these are such, for remedy
whereof your petitioner beggeth your honoures justice only ; and that if not
according to his paines, losses, and dangers, yet according to the successe and
meritt of them, uppon the publique service.

And first, your petitioner sheweth, that through the backwardness of the
civil survey, and want of abstracts, he was exceedingly damnifyed.

As first, that having none at all ready at the first sealing of his contract,
hee, notwithstanding, out of zeale to promote the service, sett out sixty in-
struments to enquire of the countrey, which proved soe confused, as that the

whole

( I^I )

whole charge of what was done untill the latter end of Ffebruary was wholly
lost

2dly. When your petitioner did receive the first abstracts, viz*, those of
Eildare, they were soe few as that your petitioner could not sett forth his in-
Btmments in the most convenient and advantagiouse order and method ; but
was forced to send soe many into one place as that one hindered the other in
the workcy and many times could not set them out at all, whereby hee was
forced either to lend money to such as were thereby out of employment, which
hee for the most part lost, or else to loose the help and benefitt of those whome
with much trouble had been instructed in the art.

3dly. Ffor want of the contents of each parcell by estimate, your petitioner
could not duely proportion his instruments to each respective barrony, whereby
he hath sent many men great journeys where little was to bee done, to their
and your petitioners damage; and but few hands to great pieces of worke,
whereby the whole hath been retarded, and others of the same company pre-
judiced.

4thly. Ffor want of the bookes of the civill survey, your petitioners instru-
ments had noe meanes either to checque and try such persons, who, out of
lucre to get the unusuall allowance putt uppon your petitioner to pay, offered
themselves for meeresmen, though insufficient ; or to discover such who shewed
false meares, in relation to the advantage to bee had thereby in Conaught,
whereby your petitioner hath been often put to the trouble and charge of two
or three admeasurements instead of one.

Lastly, for want of the said bookes, your petitioners instruments being alone,
and strangers in a wast countrey, could not bee enabled with such hints of en-
quiry after the quality, meares, &c., of the respective lands, as the said bookes
could have fumisht them withall, without any prejudice to the Common-
wealth.

2dly. Whereas your petitioners contract was allwayes intended for the for-
feited lands only, yett the crowne and church lands were forced in at three
pounds per thousand, allthough they were then charged with an inciunbrance
of 45* per thousand to the late surveyors; and all this notwithstanding the said
lands are in soe very small scattered parcells, that they seeme rather to require
15^ then 15' per thousand for their admeasurement.

3dly. The abstracts of the said crowne and churchlands not comming to

IBI8H ABCH. sec. R hand

( 122 )

hand untill the forfeited lands, amongst which they lay, were neer finished, itt
is to bee feared that the joumeyes which have been made on purpose on that
accompt, the charge of bounders to find out such stragling small parcells, and
the attendance of servants thereon, together with the often silence of the abstacts
in what parishes or townes such parcells lye, will occasion an intollerable trouble
and charge, without any recompence.

4thly . The comming of orders for not measuring or suspending of particu-
lar parcells, the measuring of small discoveries after the maine was done, the
mistakes of the abstracts in spelling, both of lands and proprietors names; the
giving in the same land to bee in two severall barronyes or parishes, and the
receiving of the instructions by peace meales, &c., doe prove to your petitioner,
so streightly bound up in time, a most insupportable grievanecy and such as your
honours can not but, in conscience and justice, relieve ; and allthough the con-
tract seeme to bind in many of these particulars, yet your petitioner is informed
that neither legally nor equitably itt can bind, noe more then the master of a
shipp, having contracted to support [export?] one hundred tun of goods, is
bound to make one hundred voiages to performe the said contract.

5thly. Your petitioner being see closely bound up in time as aforesaid, not
only by his articles, but by the exigence of publicke affaires likewise, and having
noe speedy way, though allowed to others heretofore, to right himselfe of such
imployed by him, who, having been taught the art of surveying at your peti-
tioners charge^ and having engaged to continue in the employment on termes
agreed on, have notwithstanding diserted your petitioner in his greatest streights,
nor of such who have in other sences broken their respective agreements, or
have taken advance money without ever goeing out uppon the service, or have
gone out and soon after pawned their instruments, and sometimes their worke
too, and have forced your petitioner to send letters of creditt in a dangerouse
way up and downe the countrey, to relieve their pretended wants, hath by all
these, and many more wayes, been abused, and for the dispatch of the service
been forced to pay moneyes over and over, and to furnish new instruments where
others were pawned, without any further disputing the matter ; moreover, where
the platts have been maliciousely engaged, or lost, he hath caused such worke
to bee done over againe : all which your petitioner hath patiently endured with-
out soe much as ever complaining above once, when alsoe your petitioner did
at last buy out the oppositions^ that the worke might not stay, nor your ho-

nourea

( »«3 )

noures bee importaned to doe any eztrajudiciall actions for the advanoement
thereof^ and your petitioners accommodation.

6tlily . The effectuall pressing of the transplantation and sending away the
forces for England and Scotland, about the beginning of the worke, left your
petitioner soe naked of meeresmen and guards, even when the undertaking was
in the bud, that thereby, and through the extreame wettness and windiness of
the season, without your petitioners extraordinary care and charge, the whole
worke had miscarried or been retarded.

7thly. Soon after your petitioners contract was sealed, being in the dead of
winter, severall of the officers of the army, apprehending the greatness of the
worke, and being earnest for possession, by importunity urged your petitioner
to sett forth near sixty instruments in the said dead of winter, whereby the land
being oyerflowne, the meeres not to be seen, the quality of the land not to be
discerned, the measurers, mearers, chainemen, and spadesmen discouraged,
goeing up to the knees and middle in bogg and water, the raine spoiling the
instruments, together with the advantages that the former surveyors, your peti-
tioners enemies, made thereof, and of the breach that was like to bee betweene
your honoures and your petitioner about the same time, touching parcells under
fiburty acres: these things, all cooperating together, lost your petitioner, in
worke, workemen, and instruments, severall hundred pounds, besides the dis-
couragement withall.

8thly. Tour petitioner, observing some omissions in his contract on the
States behalfe, gave out instructions to the respective instruments acting under
him, as he humbly conceives, far more large and comprehensive then those con-
tained in his owne contract, viz^:

I St. Ffor running parish lines, where the most part of the lands were for-
feited.

2dly . Ffor keeping breakings, taking notice of high wayes, rivers, moui»-
taines, harboures, &c.

jdly. Ffor the scituation of townes, castles, churches, mills, raths, notable
houses, &c,

4thly. Ffor the scituation of forfeited land in the barronys where litle for-
feited land was, allthough the same could not bee done under tyeing lines of a
mile long.

pthly . Tour petitioner hath made up his platts and bookes of reference in a

R 2 way

( 1^4 )

way and method beyond his obligation, and hath alsoe made other platts and
bookes for particular use of setting out land to the late disbanded forces, not
mentioned in his contract, with a most difficult mapp of the whole security : in
all which, to demonstrate his paines and labour, hee assureth your honoures that
nineteene reames of paper have been spent to perfect three.

lothly. Your petitioner hath done the most troublesome and allmost endless
county of Dublyn, and some other reserved lands, as alsoe severall liberty lands
lying in many small stragling parcells ; ffor the which, without your honoures
tender consideration, your petitioner shall receive noe considerable or propor-
tionable recompence.

I ithly. The great earnestness of the souldiers to obtaine possession, and the
severall opinions concerning lotts, and the extent of the security, &c., hath pro-
duced soe many seeming resolutions, sometimes to sett out this barrony first,
and sometimes another, and uppon all those motions your petitioner having
been all wayes alarmed to be ready, for the compliance therewith hath been
forced to extraordinary inconveniences, vizS to keep men idle in exspectation
of such worke as hath afterwards failed, to sett out many hands uppon some
one piece as hath begotten confusion and error, to give extraordinary allow-
ance for dispatch; and lastly, through much hast, hee hath often been made to
stumble and fall, but left to rise againe at his owne charge, and much of this;
besides the making of the aforementioned extraordinary platts and bookes of
each barrony hath been occasioned in the late disbanding : for the which your
petitioner doeth humbly crave allowance.

I2thly. Your petitioner, after long sollicitation, finding noe hopes of having
the civill survey of the countyes of Carlo w and Wicklow, hath notwithstanding
adventured to survey and measure them at his extraordinary charge and hazard,
to the end the season for doeing the same might not slipp and bee lost, to the
prejudice of the Commonwealth and army.

I3thly. Your petitioner hath been forced to accept of base Spanish money
instead of the sterling and English money soe often mentioned in his articles,
and uppon a sett debate before your honoures allowed; whereby your petitioner
hath been at great loss, trouble, and hazard, insoemuch as, to avoyd the danger
of bad money here, he hath been forced to entrust unknowne persons in Eng-
land, having no setled factor or correspondent as a merchant, with bills of ex-
change drawne thither for that purpose, besides the great trouble soUiciting and

attendance

( m )

attendance even for such as he hath received, his time being preciouse, and his
occasions many.

I4thlj. Your petitioner doeth further humbly mind your honoures, that at
the making of his contract, the intention of the army seemed to bee for goeing
into possession gradually, taking two thirds, according to an order 22^^ of May,
and other former resolutions, the which they omitting to doe hath encreased
your petitioners trouble and charge above one third part; for as much as now
your petitioner hath wholly wanted the asistance of the members of the army
respectively concerned in each land, and hath now lyeing uppon himselfe the
burden of all clamoures and suspitions concerning mistakes and errors in distin-
guishing profitable from unprofitable, and ascertaining bounds, &c., which other-
wise had been gradually performed andsetled all imder one, to the mutuall con-
tent and satisfiiction of the severall persons concerned.

Tour petitioner humbly desires your honoures, as a motive to releive him in
the aforementioned greivances and extraordinary services, to consider the many
dangers whereunto he hath exsposed himselfe by reason of this undertaking, as,
namely, to the sad consequences of a change of government and of chief gover-
noures, change of the whole designe, want of money in the State, bad money,
mistakes in his accompts, having to deale with soe many persons about soe many
severall things, law suites uppon the misimderstanding of any of the many con-
tracts and agreements which he hath been forced to make under hand and scale,
new commotions, taking of his instruments by toryes, imfittness of the weather,
mislaying and spoyling of plotts and papers, sickness of his servants in salary,
the negligence of some and the unfaithfullness of the others, extraordinary con-
tingent charges, the hazard of his friends and security, the utter loss of hiscre-
ditt in case of miscarriage, causelesse clamoures at all hands, the envy and ill
will of the late surveyors, the averseness of guards and bounders, continuall
feares and vexations ; the most part of all which, with many others, your peti-
tioner hath actually endured, even from the beginning hitherto ; all which your
petitioner hath and must undergoe for a gaine not greater then merchants usually
makes uppon one single bargaine without trouble : besides may it please your
honoures to remember how moderate a reward your petitioner propounded for
doeing the whole on the States accompt.

2dly. And as another motive, your petitioner desires your honours to con-
tider at how low a rate this worke is done out of the States purse, vizS not ex-
ceeding

C 126 )

ceeding 35* per thousand for forfeited lands; and if but full allowance were
made for the barrony lines, crowne and church lands, as alsoe for the county of
Dublyn, libertyes of cities, &c., according to their respective worke, your ho-
noures are not at 25' per thousand charge for all the forfeited land, one with
another, measured by your petitioner in this most exact way.

3dly. Moreover your petitioner desires your honours to consider that the
contribution of 4" 3' 4^ per thousand from the army was propounded and pro-
cured by your petitioner, and that therefore, having done such a service in pro-
curing the wages as well as performing the worke, hee humbly craves releife in
the aforementioned particulars :

4thly. Tour petitioner humbly intreateth your honoures to thinke how hard
a case itt is, that the reimbursement pf a litle money paid to the late surveyors
should bee required from yoiur petitioner; whereas it was never knowne but, in
new and difficult designes, something must bee lost in making of tryalls and
ezsperiments to find out the best way.

Lastly, this craving of extraordinary considerations in these extraordinary
cases is noe more then what your petitioner hath without importimity afforded
almost unto every man that hath been imployed under him, uppon farr less
grounds ; hee having severall times allowed even double to his agreement, and
that even after the service was finished, when hee had noe kind of constraint
uppon him soe to doe.

Whereuppon their Lordshipps granted the following order:

By His Highness the Lord Protectors CouneUlfor the Affaires of Ireland,

Whereas by an order of this board, dated the 15^^ of May last, the Surveyor-
Grenerall of lands was required to take care for the examining and casting up of
the severall plotts and bookes of reference which were returned in by D' Wil-
liam Petty, concerning the surveyes of the three provinces, and to see that the
same were duly perfected and returned according to the articles of his agree-
ment or contract, or otherwise to state and present the defects of the said survey
unto this board ; and for the better performance and dispatch thereof, the said
Surveyor-Grenerall was thereby impowered to imploy soe many able and dis-
creet persons as he should thinke fitt, not exceeding the number of four, as
by the said more at large appeareth; and whereas the said Surveyor-Gene-
rall hath, pursuant thereto, in August last, presented unto this board his report

concerning

( 127 )

conceming the state of the examination of the said D' Pettyes survey, with what
defects he had observed in reference to the particulars undertaken by the said
D^ and what still remaines further to bee performed for and towards the finall
compleating of his whole contract with the Commonwealth, itt is thought fitt
and ordered that Captain Stephen Allen, Richard De Lawne, and William Hop-
kins, or any two of them, being the persons appointed by the Surveyor-Gene-
rall to examine the platts and books of references returned by the said Doctor
Petty, of the severall barronyes by him admeasured for the army, and to com-
pare the same with the particulars of his contract, and other instructions, pur-
suant to the order above-mentioned, doe, by Wensday next, in the aftemoone,
prepare and attend the board with a perfect and particular accompt of the con-
tents of the respective barronyes which the said D' hath admeasured with the
instrument, according to the tenor of his agreement, for the consideration of
this board, in reference to the order abovementioned. Dated at the Councill
chamber, Dublyn, the 7^ of November, 1657.

Tho. Herbert, Clerk of the Councill.

When the accompt above mentioned was neer finished, before it came to the
auditors to be cast up into money, the D'^ did, by the Councells command, di-
gest his humble desires in order to a finaU stating of his said accompt into six
heads set forth in the following paper:

I St. That your Lordships would bee pleased to declare your acceptance
and allowance of my survey as having been well and sufficiently
performed.

I St. Because the worke is vouched by the oathes and certificats not only of
the measurers themselves but aUsoe of certaine examiners noe wayes conceined
therein.

2dly. Because the said worke hath been managed by full and perfect in-
structions, and by rules and a method whereunto nothing could bee added, even
by the Surveyor-Generall in this latter undertaking of the adventurers, the
which were all followed and practised, as none of the surveyors now imployed
on the adventurers lands could deny, who, being bound to noe more then what
was formerly practised uppon my owne accompt, would not have borne any
such new and unpractized impositions.

3dly. Uppon

( 128 )

3dly. Uppon the 1 1*** of March last I brought neer fifty of my workmen and
eight of my examiners to appeare before a grand committee of the Council!,
asisted with the cheif officers of the army and severall able, though prejudiced,
artists, which workmen were actually and extempore to try and prove any piece
of worke which should bee called for out of the whole, and viva voce to answer
unto any defect of the same.

4thly. The same examination being afterwards againe more particularly
referred to a speciall committee of able artists, though prejudiced persons, and
even my competitors in the same business, itt was by them reported that the
worke had been managed with all possible care and security, and with all the
causes of certainety and sufficiency imaginable.

5thly. The worke hath alsoe been every day for above six moneths under
another kind of examination, which hath cost me above one hundred pounds to
attend uppon it, the report of which examination, made by the Surveyor-Gre-
nerall in August last, I then answered from point to point, I hope to your lord-
shipps satisfaction.

7thly. AUthough the like examinations were never imposed uppon any of
the severall surveyes immediately preceeding mine, neither was any security
required besides the measurers own oath, nor noe audite of his accompt but his
owne subscription, nor noe punishment or correction of errors but to repay the
money which hee should have received for more acres then really there were
when such error was discovered, yet I never refused to give any satisfaction
that ever was demanded, how impertinent soever I myselfe knew the same
to bee.

8thly. In the late competitions about undertaking of the adventurers survey
all my men at one time or other endeavoured to defame me and my performance,
and withall ript up whatever they knew of miscarriage either in me or in one
another, carreying their accusations to the Surveyor-Generall, whome they sup-
posed to bee my enemy; in all which nothing whereof I am ashamed hath
been produced or made good against mee, nor was any suspition but soe much
as hinted at which I have not since provided for by extraordinary security.

pthly. When in the beginning of March last I exhibited this my survey,
desiring an absolute accompt and satisfaction for the same, it was denyed me,
untill, by the aforementioned examination, my worke should bee found prac-
tiseable ; wherefore now the whole end of the said survey being fully atchieved,

I hope

( "9 )

I hope it will be admitted as practiseable and su£Scient, since it hath been
actually and without exception practised, by setting out of the lands thereby.

lothly. The ffbrces disbanded in September, 1655, have now been above
twelve moneths in posession of their lands : in all which time noe man hath
complained of more then one error which hath deserved redcesse.

iithly. Yoiir Lordshipps imploying me againe is, I hope, as full and reall
an acknowledgement of my works sufficiency as I can desire, though, perhapps,
not soe formall as is necessary.

I2thly. And notwithstanding there should bee many errors and defects in
the said worke, yet indulgence and connivance can never better become any
service then this, which, being thought a seaven yeares worke, was finished in
one, notwithstanding the greatest hindrances and oppositions that ever attended
any of the like nature.

2dly. I humbly desire that my security may bee released in March next,
or thereaboutes.

I St. Because, allthough I am to answer such complaints as shall bee made
within twelvemoneth after possession, which is not yet given universally, yett
it was all way es intended that downe admeasurement and possession should goe
together ; but the said downe admeasurement was all fiunished by March last,
and therefore by the intention of my articles I am to bee released in March
next

2dly. The time which is yet like to remaine betweene that of possession
and March next, being neer four moneths, is long enough to find out any fault,
where there are soe many thousand to seeke it, and such as will spare noe paines
to find it; neither was soe long a time as twelve moneths pitched uppon as ne-
cessary for that purpose, but by way of provision for those hindrances and
delayes which have since appeared.

3dly. KI am not to be then released, I am bound ad infinitum^ that is arf
imposribUey which can not bee understood ; fibr if any one of the many thou-
sands with whome I have to deale shall either be hindered in or neglect his
possession, I and my security must remaine bound untill twelve moneths after
that unlimitted delay, which I hope was never intended.

4thly. I have, for doeing the publicke service, and for that only, made my

selfe many enemyes, who at one time or other, if the conclusion of my business

IBISH ARCH. BOC. S bee

( '30 )

bee delayed, may find an opportunity to effect some mischief against mee, unto
the danger whereof I have noe reason to exspose my selfe without cause.

5thly. Itt can not bee exspected that I, for answering of uncertaine com-
plaints, should keepe all the men that ever I employed in readiness uppon such
occasions, they who did any defective worke being best able to correct it, unto
soe unlimitted a time, especially since, neither by the number or nature of the
errors which have been detected in the farr greater halfe of the worke, there ap-
peares any necessity of such an exspectation.

Whereof I humbly desire that myselfe and friends, whome I promised about
that time to discharge, bee not detained in any needlesse entanglement any
longer than the first of March abovementioned, I having performed all things
requisite for our deliverance even before that terme.

Thirdly. That your lordshipps would, before the army be satisfyed their
respective proportions of land, bee pleased to state and agree what is
my due for measuring the same.

I St. Because I cannot accompt with my underworkemen untill your lord-
shipps have accompted with mee, their wages depending in maney cases uppon
mine ; whereby I am not only dayly molested with the importunity of a clamo-
rouse and indigent people, but am forced with much danger to lend them money
to keepe them within call untill wee can bee cleare on all hands.

2dly. Because noe possession can be firme or valid before the survey bee
signed and vouched by me ; now as I cannot vouch them untill your lordshipps
have allowed them, soe I cannot believe that your lordshipps have allowed them
untill you have allsoe allowed me, and stated what is due unto mee for them.

3dly. I have attended uppon itt neer these eight monethes, and therefore
hope your lordshipps will thinke it time now that I should bee dispatched, since
all things, especially on my part, are fully ripe and prepared thereunto, the ex-
aminadons remaining being of litle use, and for that arithmeticall errors pay
bee excepted, as is usuall in all accompts ; and since the auditors of the Exche-
quer have by your lordshipps order allready rated the severall counties, and
since that they, with the Surveyor-Generall, hath exhibited the state of the
reimbursement for the former grosse admeasurement, in which particulars the
whole accompt doth consist.

4thly. I have for these many moneths kept the bookes within my owne

charge.

( 131 )

charge, and taken uppon myselfe the hazard of fire, Iosb, or other detriment inci-
dent nnto them, of all which I hope tis now time to discharge mee.

5thlj. Since the passing my accompts is like to cany noe money out of the
publicke treasury, but possibly may bring backe some into itt,iftoo long delay
shall not hinder the same, with reference to the collecting the souldiers pence,
which can not well be done before the accompt be passed.

6thly. If the army have their lands before my accompts bee passed, I and
all my friends and relations are at the mercy of a multitude of discontented
querulouse persons, for our creditt and livelyhoods, neither have I any thing by
way of security but a company of uselesse papers, whereas I have on the other
aide given good security for my owne performance ; and in case I should not
find in your lordshipps successors the same honourable dealing that I have
hitherto found in your lordshipps, I may bee paid with captiouse and fnvolouse
objections instead of money ; suitors for old and past services, when the State is
in want, seldome finding but cold entertainement, how great a good soever
their services have been.

7thly. I have about a thousand pounds more due unto me for the countyes
of Wicklow, Carlow, and Limricke, which, through the neglect of the Com-
missioners of civill survey, and of the other Commissioners for setting out lands,
can not be perfected ; the which, with my four thousand pounds security, will
make good all arithmeticall errors which can possibly escape in this present
accompt, and all other matters that can bee in controversy.

Ffourthly. That I may be allowed for my worke according to my ac-
compt now exhibited, notwithstanding some part of the subdivision
is not yett actually performed.

ist Because the subdivision ought to have been carried on with the downe
admeasurement as one worke, the which, for that they might have been done
together with the same labour and charge, I am therefore obliged to doe a part,
as appeaies by my contract and your Lordshipps order, 22° May, 1655.

2dly. Although I had been obliged to doe them a part, yett, the time of per-
forming them being exspired, I am now neither obliged thereunto by the law
or letter of my articles, nor by the reason and equity of them, the same being
a new and a double worke.

S2 3dly. The

( 132 )

3dly. The obliged promise of goeing twice uppon the worke, allthough it
had been written in my articles, doeth not oblige mee in this case.

4thly . The letter of my articles concerning my pay for the subdivision doth
not oppose this my demand.

5thly. The articles concerning the advanceing of 5** io« per thousand acres
uppon the downe admeasurement, clearely makes out what I desire to bee the
same with the intention of the contract herein:

6thly. If am obliged still thereunto, I may stand obliged for ever, which is
impossible and absurd.

7thly . I have actually and absolutely either paid or engaged for subdivision
not yett performed, soe that herein I desire noe more to be done to my selfe
then what I have really done to others.

8thly. The subdivision performed will not amount unto neere soe much as
the survey of Wicklow, Carlow, and Limricke, not placed to this account, will

amount unto.

•

Ffifaiy.- Blank.

Sixthly. I humbly desire your Lordshipps favour in remitting a consi-
derable part of the reimbursement to bee made for 2054", said to bee
formerly disburst uppon the grosse admeasurement.

I St. Because noe worke at all was ever soe much as pretended to have been
done for part of the money.

2dly. Noe account was ever perfected firom another part.

3dly. Some of the said money was paid on mixt accompts.

4thly . The most part of the whole was not legally demandable, for such
only I am bound to reimburse.

5thly. Itt was money lost uppon exsperriments, which is ever allowed in
these great and difficult works.

6thly. I assented imto it only for feare, in case of a breach, of being thought
to have made a frivolouse vaper instead of a solid proportion, and such as I
could performe.

7thly. Att the first exhibiting of my accompt, your Lordshipps promised an
abatement of part thereof, by way of reliefe, and of certaine extraordinary greiv-
ances then presented, and the proportion of the abatement was ordered to bee

referred

( 133 )

referred to the auditors of the Exchequer, but put of againe only untill I should
have past the examination, which hath been since done.

Stilly. The whole undertaking was performed precisely within the time, be-
yond all mens exspectation, notwithstanding whatever I promised or undertooke,
ffor which some putt me in hopes of an extraordinary gratuity.

pthly. This worke, which hath been soe exactly performed and rigorousely
examined, hath not cost the State soe much as former grossTsurveyes have done.

lothly. I have my selfe, in many cases, given unto such as have wrought
under me double allowance to their respective agreements.

iithly. I humbly desire your Lordshipps to testifie your acceptance of my
endeavoures by your favour herein, uppon which I only rely, notwithstanding
all the just motives aforementioned.

Whereuppon their Lordshipps issue the following order:

•

By H%8 Highnesae the Lord Protectors Councillfor the Affairee of Ireland.

The Councill having considered of the third proposall of D*" William Petty,
praying that the Councill would, before the army be satisfyed their respective
proportions of land, bee pleased to state and agree what is due for measuring
the same, as allsoe of the fourth proposall, praying that hee may bee allowed
for his worke according to his account now exhibited, notwithstanding some
part of the subdivision is not yett actually performed. As to the third propo-
sall aforementioned:

Ordered,

That it bee referred to the Auditors of His Highness Court of Exchequer
to consider thereoff, and to state the said Doctors accompt for what shall appeare
due unto him uppon the contract of his admeasurement of the lands for satisfac-
tion of the arreares of the army. And the said auditors are further required to
consider of the said D'* fourth proposall ; and according thereunto, and the con-
tents of the barronyes which the said D' hath admeasured, and as returned unto
this board by Captain Allen, Richard Delawne, and William Hopkins, or two
of them, herewith sent them, to state and compute the debt, according to the
quantity thereby certifyed, and agreeable to such rates as the said auditors have
formerly accounted them att, pursuant to an order of this board, dated the third
day of March last, together with the accompt of the barrony lines, and to cer-

tifie

( »34 )

tifie the same, for the further consideration of this board. Dated at the Councill
chamber, Dublyn, the 12*** of November, 1656.

Tho. Herbert, Clerk of the Councill.

As alsoe another order of the same date to a Committee, of the Councill, to
consider of the reimbursements of the grosse survey.

By His Highneese the Lord Protectors CoundUfor the Affaires of Ireland.

Vppon consideration of the sixth proposall of D*^ William Petty hereunto
annexed, craving the favour of this board in remitting a considerable part of
the reimbursements to be made for the 2054^^ said to bee formerly disburst
uppon the gross admeasurement ; ordered, that it bee referred to the Lord Chief
Baron, CoUonell Mathew Thomlinson, and William Bury, Esq., who, as a com-
mittee of the Councill, are desired to consider thereof, and of his reasons sub-
joined thereunto ; as allsoe of the contract made concerning the same, and what
worke hath been performed in order thereto, with what remaines further to be
done, as allsoe to hear what the D'^ can offer thereuppon, why any part of the
same should bee remitted ; as alsoe of what hath been stated and reported by
the auditors and Surveyor-Generall in the case, and uppon the whole to certifie
matter of fact, with what else they may judge fitt for the further consideration
of the board. Dated att the Councill chamber in Dublyn, the 12*^ of Novem-
ber, 1656.

Tho. Herbert, Clerke cf the CoundlL

To His Highnesse the Lord Protectors Councill for the Affaires of Ireland,

The humble petition of D' William Petty

Sheweth, —

That whereas there are charged uppon your petitioner severall summs of
money, as formerly paid for grosse admeasurements, the which ought not by the
explanation of his articles to bee reimbursed by your petitioner, but out of the
last money which should be due unto him uppon his contract.

Tour petitioner humbly prays that whatsoever part of the said summs your
Lordshipps shall please to require from your petitioner may not be defalked out
of his present payment, but out of what shall be due unto him for the countyes
of Wicklow, Limricke, and Carlow, the profitaUe lands whereof amount unto

1352"

( »3S )

1352^^ and the unprofitable and church lands, by estimate, unto as much more
as will make the same neer i6oo^^ which your petitioner hopes will bee suffi-
cient security for the said reimbursement, allthough your petitioners other en-
gagement of 4000" were not in being.

Moreover there is allwayes, and from [time] to time due unto your peti-
tioner 2ooo^^ by way of advance, over and above whatsoever shall bee due
unto him for worke done.

Wherefore your petitioner humbly desires that the said reimbursements may

bee esteemed as part of the said advance, and consequently that the same may

not bee defalked now, that soe the accounts which your petitioner is now to pass

may bee soe cleare and absolute as is necessary and reasonable in this present

condition of his affaires.

And your petitioner shall pray.

By His Highness the Lord Protectors CounciUfor the Affaires of Ireland,

Vppon consideration had of the within petition of D"^ William Petty, pray-
ing that the reimbursements therein mentioned may bee esteemed as part of the
advance, and that the same may not now bee defalked, but that his accompts
may pass, &c. Ordered, that it bee referred to the Lord Chief Baron, CoUonell
Mathew Thomlinson, and William Bury, Esq., who, as a Committee of the
CounciU, are desired to consider of the same, and, uppon calling the petitioner
before them, in case he shall give them satisfaction as to the matter of fact, they
are then to report the same unto the board, to the end the summ therein men-
tioned may bee respited, and the accompt pass, as is desired. Dated at the
Councill chamber in Dublyn, the 19^ of November, 1656.

Tho. Herbert, Clerks of the CouneilL

By His Highness the Lord Protectors CounciUfor the Affaires of Ireland.

Vppon further consideration had of the within petition of Doctor William
Petty, setting forth that severall summs of money are charged uppon him as
formerly paid for grosse admeasurement, the which ought not by the explana-
tion of his articles to bee reimbursed but out of the last money which should
bee due unto him uppon his contract, and thereuppon desiring that the same
may not bee defalked out of his present payment, but out of what shall be due

unto

n

( 136 )

unto him for the countyes of Wicklow, Carlow, and Limericke : Ordered, that
the said summs of money chargeable uppon him as afibresaid, be respitted uppon
present accompt without defalcation ; and that his said accompt doe pass with-
out receiving interruption for the same ; and itt is further ordered, th^t the said
summs of money, chargeable uppon him as afibresaid be nevertheless brought
in uppon his future or next accompt, and such reimbursements then to bee made
for the same as shall appeare to^bee just and fitt. Dated att the Council chamber
in Dublyn, the 24*** of November, 1656.

Tho. Herbert, Clerk of the CouncUL

A Particular

( 137 )

i

I;

Si

H
H
M

n

l"s|

.a

4
I

o

III

2 S S J

p; o o o o o o

^ to M O « O N

*

rOOVN 00 00
VO roOO M M

rr> ^ M eoNO

^ O O O O O O

0J O O O O <ON

r». ro « N 00 ^

en
M

o o

O

o

o

«oo

O

o

to

On OvOs N

OS

t^oo

«

fo

N

fOOO

tr»0

«?

Q MVO

w^

t|-

^N

M

M

ON

r^oo r^ r^ ^ ^ M u^
«0<O0«o0«Oto

M 00 OS O 00 CONO VO
O W^ "^ OVNO 00 00 00

t«-»^u^^« t>»« o\

vo ON>o r^ t^oo r^ o\

r* M ovvo ^ N 00 to

N

O 0\ On>0 m On
ro N c* to «o

f*> f*> « O O «o

•-• r^oo VO O r*

NO 00 M N •-• r^
0\ •-• VA Q to «

«0

00

»^

o o o o

«oo o o

CO M <^0

O -^ r^
•H CO r**

CO

CO

00

O
O

00

O . O .

►N • CO

O

8

VO

•^toOsOOO « N OS

p* ^o to *^ to to

mOOQcoi^OO
00 ^ M r^ N ^NO NO

^ tooo w r* N w ^

ON

00
NO
00

On N 00
eo to

o o

w to « M •^ to

^ NO •-• r«* tooo
to O to*o ^

ON-^O i-r

On m

ON

io«0 . .00 O

Ni ft

« o

eo "H to M

OO 00 to to

tooo • * H O

• . M

NO

to

«o
«o

ft

o
o

o
o

ON
f4

to
»o

oo
to

to

to
O

ON

NO

to

o

»1^

f1
r>2

c5

c*

^

<
H

e

1

S8

3

I

a

I

I

I

J

1:000000

p: O O O O O O

*• 00 On "^NO CO
, to to to r*« 1^ O
< OnNO 00 to -^ on
t^ n ^ ^ r* to

o
o

NO

to

M

. o .
f o •

CO
O

00 •
to

O
O

O

00

to

O «<« O O t^ r*« O

N O N «4 tOft O
ON^O to O 00 tooo

O ONOO On N ^ t^
r^ toM NO r^ "^ r^

N M M CO N

Ti-
to

00 O

M O

t4 O

to to
to

00

O

00
00

to

to

00

vo
NO

000000

^ M H O O o o

M « vo to M «0

• to to M to O O
■^ -<♦■ N tooo r^ t^

-*■ N to

•+« M

O
fO

M
N

ON

•0 to tooo

N*

totoVO

ON

to

m^

00 NO

'^

»^

Ni

mm

^

M O vo O to <^00 00

M M CO to M

CO»^M COM coo ^

000 MOO t^t^fON

r^to^^Q t^-^M eo

to « tovo "^ -^ to O

M w N N f< CO

M

o

to

O 00 "^ O O 00
to

O M o O O M

tooo tovo to O

to O O NO tovo

M On M r^Qo

t^M

o

eo

to

o

00

o

p; O O O O O O
p^ «4 O O M O O

•^M N to N M

. to M cor^o 00
^ N to to to ON On

M O Q ^VO 00

to

N "^

to
to
to
to

Ss

Thr^H^

to

ONtoVO

ONVO

t^t^

M

r-O

N

f«

tow

M

p*

00

M VO ONr<*vo

M M M Ci

tO« 00
M « W

too fOCOtOtO*^ M

r* M OnvO

r^oo

8s

« ONOO to On Ov
t^vo tovo 00 O -^
00 t^r^ M 00 M NO

to

H O

8^0

•I:

^ 3

sp

Q

§

S-jg

HO
0>

o a> 3

o
O

o

S

o

H

> S r- -

00

3

^

H
H

.'lliiiil

to

O

00

O t<

to N

tooo N M
to N M

M M ^4 CO to to

W N ON N M 00
00 ON ON t>> N O
"^00 l> ^ N to

ON r« r^ M M

N <^ to to to

00

00

to
to

to

to

'^

00
to

to

00

to

o

o

fl

§

o

o

o

-3^

fl

I

o

H
CO

a

TBISH ABCH. 80C.

♦T

( '38 )

> := §

s

N '^SO

• t^ moo — v^>0 w , ^ ^ ^
^ O r^sO w On •^ O t^ -^ On
U^ ONOO w N 00 -+ r^ O O

N

m

NO

a-

On
O

VO « fn CO

^

m ro

»i«

«1 «ON

m*

M NO 00

00

N 00 t^t^

tr»

<^00 N On

ur\

t^N -^ w

NO

fl M M M

NO

N 00 M NO O 00 t^

« 1^ m CO
O M f^ M O O <*^

— NO « O On r^ -^

t^N O 00 ^'^ •-• vo M

»n «n M ^00 NO r*

r>.oo o « r*« «*^

fl M M M

NO
NO

00

o o «^*- o o

COM coo O

tnO

On ft N N

>^NO NO NO N O
M M Vi* Vr\

>o
o

00

o

o «

« CO

o «*»

NO m I OS

»>^vO . "^

r** ON I T>.

t^ ; NO

O

J

el . 00 00 f<i O

p{ • en O M O

OnnOno «

O Q
O N

00 •<«
ONNO

ON
CO

en

ON
00

M NO

00

en fn fn

pm

«

M

N

•n

^

♦n

kK

t^

NO

r^vrsONON

»4

M

M

N

t^

r>*NO O N O O
en "^ *^

O « en »* ** «

t*^ en •* e< enoo
en ^ r* t^ *<
e<i M en

NO

00

O O 1*-*-

O O en O M O

•-• 00 On >* e«t «
H M M M en ft

N

On

N

ON

en

O 00

pm en

irxOO

^ ON
•I NO

00

o

00

S »«2 B

^S

1^

5

va

8

a C

88,

ft! '^OOO ft
•^ « en

pj N M M o

r^ ft vr\ o
. 00 O ^ r*

^ t^M M ft

ti . o

Pi • ^

•no
• 00

^ • o

o
o

ft
ft

fn

ON
ft

M

cn

00

<8

O
O
m

M

. . . -^

'^

ft

• • • en

en

ft

• • • »

• • • en

• • •

o

ft

00

o

ft

00

00 vr\0 M
*n fn

en ft M en

t^O 00 ft

vr\P^ t^OO
On O 00 «n
en M M H

ft

On

00

O
00
f4

o
o

o

en

8

8

ft

O
ft

00

ft

»4

♦n

ft

'^

♦n

t>m

w^

•n

»4

N^

o
o

NO

ft
ft
ft

o
o

NO

ft

ft" enNNOOO O '^w^O O O
*^ ^ fn fn « ft

ri

NMMHOftOOO

00 NO t^ur%t^*/N^ft O ^0

• MQenft N'^r*-^-"^
^ 00 *^ en en 1^ p*

00

ON«

QNO

f«

eno

fn

♦n

ft

00

r^NO

M ft

r^ON

NO

*n

00

v8

NO fn»^ ft O
fi en *n ft

•M K en ft en

M M 00 O ON

00 00 ^ en en
ONfn &n "^ tr%
N 11 •*

c«

NO

M

i

P4

00

000
000

-^tfNON
« O -^
ft UM^

O

o

00

»n
ft

O
O

NO

o o

N N

« en

en N

f^NO

ft
en

vO
OD
ft
en

I.

a

A* M enoo O O M OS o o On
'^ M m •-• N fi

pjNftfnOftfiNMO«n

OONO r^enNNO ONC^enO
• NQ M ft 9 o en M o ^0 <^

^ fnoo NO 00 o O u^ H
N 00 r^O N ft ^M o

8^

NO
00

On

ONNO «NO

ft («

« « O O

On '^•^ ^
mm \^\r\0

N vr% ^ O
f« OnO 00
ft **

ft
fl

On
ft
fl
O

>%

£

•

«

H

n

Pt

■o

«<

s

S

1

s

o

i

I

1

o

M ONNO ft O 00 en

en en ** en n

fn « O f» O en N

en •« ON t^NO
<^00NO O

00 en

Onoo fn r* rs.NO fn
vn ts%NO O en ft O

On
N

fl

O

t^

NO
NO

pi

g

O

O
&

Q

5-8

Q

^

o

1

o

000 ONO o
ft en

O O H tnM o

^NO O M OnNO

00 00 M M 00 N^

H NO •^ M On en
w% u\\0 NO M vr\

NO

On
fn

8

O '^
O M

ft ft
On rs-

rnsO

ft

NO

O

o

CO

H 3

00

«

o

ex
>

c

o
O

wan

■"^^v* ^ -* '■■ ^v ^ ^ <

( »39 )

^O 'O •* f^ ^O ^O

. <^oo 00 oo r^ O •-•00

-^ VO VO 00 -^ P\ ONVO t^
N 00 0\ «^ O>00 0\ ft

NO
ON

N

•^ ^^O O *^vo 00

N •* rO N •*> CO

O H « N «% to rr>

CO •-• <0 -^NO

• 0\ O vO vo

NO ^ CO N O OO

w ** N

»* N »^

M MM

eo

t

O SO ONOO m w%
«o M

O O CO to to M

« 0\ « N *0 O

*^ O N vO r« r«

rosO l^^ ^ fc^^

vo « O N »^ r^

M W CO to -^

ft
to

to

ON

O M o t^M vo <^

to to to to ^^ ^^

O O fi M to ft to

NO ON ^Q

tooo •-•

0\VO f4

ur\ O to -^^ ^ 0\ O
00 w^ m M O ro •-<

OO

to

3;

OO

to

f4

00

On

s

s

5

flC'^l-OOOOtotoO
"• — ^ -o tow

4 O N O O M tOM O

VO NO COOO ft t^ N VC

• tooo r* to ft »^ "<^
^ Ov ** O »^ 0\

o
o

to

vo

NO

Thoo O O

mm ** *m
N 00 N

• * N

NO

to

• • to

W

to

t<

to

pm

o o
o o

wo to

O 00 O

M N
to M «

800

o

00

«o

N

«

to

pm

O

00

tm

o o

to ft

O 00
ft

o

'^ O 00

ft

M

to

Pm

N

•i4

O N

to

O

^

o*«

-^

o\

to v^ft

ro

t>-

NO

t^u^m

to

^m

M

^

vr\

ft
O

w

•f •= JI

IS

§ > a

o
o

00
ft

O

o

OO
ft

O

o

O
O

vo
ft

ft
to

ft

to

N

to

O

CO

O

to

O O
O «

On ^
to to

ro

VO

•9 » to

C

o

O

O

O

*^

»4

S'

sg^

H

M

tovo OVO Qvo O

ft O O N O 1^ O

vr\ao ft M tj^ i/> t^

•-• r^ ft ft to to «

r*» O ft to vr\oo •<

MM M («|

N

00

ft

f«
00

to

00

o

ft

ON

\

9

cI O O O O O O ONt^

•^ ft ft MM

p|OftfttoOOft>»^

O r^r^t^toM o\f«

•^oo

, too tr\a\u-\p\M O
to -'^ ft o r*t^

vo

Ov
\^
ft

00 tr\0 •-• 00 VO O
ft « to

O ft ft ft M o to

^ tooo vo vtnO ft
-^vo 00 N 00 r* "<^
•^ O to ON tovo vo

mm *^ mm fl

00

mm

O

ft

00

H M \o O On
to to

N to O ft O

O to t^Ov «

•^ « to "+00
to tovo *•* 00

00

to

o

ft
O
to

O
O
O

mm
N

o

o

o

o

to

O
to

o

ft

mm

to

N

ur\ Vr\l^O0

VO

M

O 00

to

vo

mm

*m

^

r^

VO

ON

•: ft o o vo o t^ft o

^ M «4 H to M

0|foOOtoOtOMO

•5

r^iNO XJMrsV^mm t^VO

r^oo VO O 00 OO <+ "+
OO ft M N vo r>> tovo

ONOO 00 "^ OVVO 00 t^

mm mm ^ tO »^ ** tO

ft

to

On

ON
ft

O
ft

-^t* tj^vo to r* -^^ -'^

M N to to to M N

O ft O O 1^ ft O

to ft 00 t^O On "^

t^ -+ t^O t^ "+ to

ft tooo 00 00 to r>.

00 On O vo ft to "+

to

ft

O
\^

00

0\ tOM

00 ft tri
fl to •-«

ft M M ft to to

O ft ft N OvO
On to to "^ r* t*-
Onoo O On m ■n^
too 00 "^ N r*
M ft « to -+

O

t4^

i

O O O t^ t**^ ^

to to fl to ^^

M ft N O O ft

^ M (s^ WM

^ + «o +

t^ o

»^r* •«+ -+ to
^00 tovo ft vo
00 '^^ to Onoo fi

o

VO

ft

o

«

»

ft

+

^^

On

»^

ON

t^

*m

vo

VO
O

N

ON

M

00

3

S .

•a
.-3

n(5noQaQfon

OQ

p

m

i

g

fl fl|g g^

<s

G

I

1
^

I

3

Q

4>

re

o«4

a

9
O

O

Cm
O

I
O

wm

QQ

( 140 )

a

€ i

•3 o «S

^ o^o

i^

•^ N •^

pg COO

o

en O

^

• vo en

^

^ \^tn

OD

O\oo

r^

N

CO

00 -^ r^ O t^

N N to

M 1^ CO O •-•

NO -^-^vo t^
oo 00 r^ r^O
r^ O v^so «o

Lr\ ur\ N M On
f4 M to N

NO

ON

f

CO O

fO

O

m*

ii^

m to

o

to

w^vo

N

VO

VO On

VO

N

VrsQO

-^

M

^ l^

t^

M

•«• N

«o

to

NO O N

00

r*

« N fO

to

»i4 |i« ^4

o

o

NO ^ U^

NO

to

•-I 00 N

N

to

NO N^t^

ON

r^

r^ N "^

'^

r*

"^ to to

oo

On

CO

tn

O

to

O
to

CO

s

I

w

4

a;

O N

M

»^

m*

d

m^ to

« t^

ON

•

00 O

00

<

O 00

00

M 00

ON

O "^oo O 00
1^ O O O *^

00 N ft "^Q

^SO ONNO O

O

00

O O
« to

to On
O •-
« to

M 00

»o

N
ON

O

o

I

NO O N
•1 to

« M to

•o r*«
i^O -+

« « to

00

O

to

O

to

On

O

w^

^

On

to

o

NO

oo

ON

N

O

to

o

to

||a

04

O
O

ft

o

o

o
o

oo

N

to

t«

to

I
s

00

1

Pi

N£>

NO
to

On

O t^

t^

to

to

N M

O

•K 00

On

t< to

t<

00 r^

NO

to to

ON

o o
o o

O ft
ft

o
o

N

fr>

o

ft

00

to

ft
ft

oo

fO

to

On
On

ON

NO

I
i
■9

I
I

I

On ft
. to r^

•^NO O

to

ft

fO

N »^ **
O to N ft ft

O VO On On ft

NO "+ to ft r^

00 M M ft <^

w « to

00

oo

O O
O O

OnO
O «

NO ON

-4 N

^

tm

r^

00

«

to

*m

m

m

fr> O

o

N

mm

^

»

-*

to

On

^ oo

t^

VTN

NO NO

to

m*

N

00 O tj^o 00

ft M
O N M to M

ONNO ft QnO

O r^'^vq On
00 to On ^00
O « VO ^ -^^

ft M ft

to

00

-^
OO

to O
fr> o

ft t^

tm On
to to

OO ^

O
O

ON
to

to
to

O
ON

ft
ft

o

ft

8^

to

VO

to
On

O O
tow

O On

r^fi

ONO

•-• ft

o o

mm

O ft

ft r*

ON'**-

On to

»m* O

o
O

o

1

o

OH«<MO

I

5
^

n
o

<1

•

•

(iT

•

t>^

•«»

• •

a

iJ

g

o

o ..

•< a

•s

2 08

1

«1

H

s

s

pa

o

a .

o

N

8

tf%

^

VO

to
to
to

o

to

ft

NO

On
oo

o

mm
ft

On
to
to

oo

ff>

8*

NO

III

oqQO

<s

p

3

o
o

8^

On
00
to

mm

o
o

N

mm
mm
f«

wm

H

( 141 )

In obedience to your lordshipps orders of the 7^ instant, requiring us to
prepare a perfect and particular accompt of the contents of the respective bar-
ronyes which D*" Petty hath admeasured according to the tenor of his agree-
ment, wee humbly certifie that, according to our instructions received from the
Surveyor-(jenerall, we have, with the best of our care and knowledge, ex-
amined these preceeding barronyes to which the quantities of acres are affixed,
and find the particulars of their contents to be as they are sett downe in the
aforesaid columes under their particular qualityes.

William Hopkiks.
Dated the 12*** November, 1656. Ric. Dulawne.

Swome before me, the 27^ of November, 1656.

Miles Gobbett.

Countyes

( 142 )

flTVOOONQONOO

pjNOO«<>OOc«%0

»^ CO r^ ^vo «*> i^oo

00

ON

O O N o

«

e<^

eo

O ft N O

O

«n N 00 On

en

ONOO r^ON

u^

VTiN -^^ M

i^

«^vo On ^

fO

N « M

VO

w O N< H

Vr\ r^ o •-•

00 u^on r^
•^vo '^r*
r* »^On t^

I

N

ON
N

N

I

I atvo o o o o o o ^

pjOOOOtoOOO

•-• Onoo 00 « n ^ r»
• On-«^mm-«^On »^

«^ O M^

NO

O O H o

«

fo

CO

O O ft o

N

*o »*>oo On

to

»>^00 r^ON

»^

fO -^ ^ «

« W M

so

f*> •^ « VO
1^ «*> to •^

to to M N

ON

-* g o

u^On •^

oo
^^oo On O

N

to
to

to

N

00
NO

'Hi

ill

•9 « »5

J

«o

o

o

o

o

^

^

ur\

v^

to

to

to

to

M

^4

o o

O f«

O Os
'^On

«

On
to
O

N

O On
O O

O On
iovo

o

ON

o

O

r^

^

t^

t^

On

N4

to

On

NO
OO

4$

I
1

■S

3

a;

Pi

o
o

t

o

o

o

o

N

VO

N

t«

t^

00

O o

w O

VO to

N

O
O

O

to
to

I
I

00

ftlOOONOOOO*^

•^ to to N

pjfiOOto»-«0«<^to

00 r^ to M to -^oo 0\
. u^ o 00 N to r^vo tr%
^ •-« 00 O to to On »>^oo
•H r^ r» -^vo t< »o eo

M VO

N

« o

N

M O

to o

-+00
N« oo

O

pm

N

o

»4

O

»o

t^

?

00

to
to

O
to

O
O

•MM

.ocS

•••l-l (f-l

• ® 2 9 h

MS M ®

Si-Si §

g a H s ^

a

S3

o

I

o

-I

s

g S CI

d

El
O

O

eS

M

flfl

I

Q

^ -e -*3 •§
.b « o

HMO

V

•

•

•

cT

•

^

fl

•

P

•»

a

's

o

M

ji3

.9

o

^

H

bo

o

>^

.J

H
O

( 143 )

In obedience to your lordshipps order of the seventh instant, requiring us
to prepare a perfect and particular accompt of the contents of the respective
barronyes which D^ Petty hath admeasured according to the tenure of his
agreement, we humly certifie that, according to our instructions received from
the Surveyor-Grenerall, wee have, with the best of our care and knowledge,
examined these foregoeing barronyes to which the quantity of acres are affixed,
and find the particulars of their contents to bee as they are sett downe in the
above colume imder their particular qualityes.

BiC. DULAWKE.

Dated the 22*** of November, 1656. W^. Hopkins.

Swome before mee, the 27*^ of November, 1656.

MiLBS CORBETT.

To the Right Honorable His Highness the Lord Protectors CounciUfor the

Affaires of Ireland.
May it please your Lordshipps.

In pursuance of your honors order of the 12^^ of November instant, grounded
uppon the proposalls of D' William Petty, desiring that his aocompts of lands
admeasured might bee stated according to the retume made to your lordshipps
by Richard Delawne and Wm. Hopkins, wherein wee are required to state and
compute the debt according to the quantityes certified and agreeable to the rates
in our former report, bearing date the 1 1^ day of March, 1655, wee make bold
humbly to certifie that uppon the 11^ of December, 1654, the said D' entered
into articles of agreement for the admeasurement of ten halfe countyes granted
in satisfaction to the officers and souldiers, with other counties as additionall
security, together with the reserved countyes and the bishopps lands ; in con-
sideration of all which wee find that he was to receive for every thousand acres
of forfeited profitable lands, to bee sett out in satisfaction of the souldiers ar-
reares, the sum of seven pounds three shillings and fourpence, and for every
thousand acres of lands reserved to His Highness and the Commonwealth, and
not given and disposed of to the souldiers, as likewise for every thousand acres
unprofitable land, of parcells under five hundred acres, the summ of three pounds^
and for surrounding the barrony lines of the lands to be set out to the souldiery,
one thousand pounds ; according to which rates wee have computed the fol-
lowing quantityes of land, being agreeable to the retume made by the said

De Lawne and Hopkins, viz^

Forfeited

( M4 )

Forfeited profiUxble Lcmd8^ disposeable to the Army aU f^ 3' 4' pet

thousand Acres.

Tipperary, » 73335 ' ^

Waterford, 82205 o o

Kerrey, 408120 o 23

Corke, viz*, Kerricurrily, 1

Kinalea, and Carbuiy, J ' ' ''^''"^ ^ '

Kildare, 93410 i i

Longford, 50229 o 22

Kings County, 67670 2 29

Kilkenny, 100539 3 16

Queenes County, 62064 < 4

Wexford, 202993 o 25

Westmeath, 86450 i 23

Eastmeath, 14^415 2 20

Downe, 23594 o 18

Antrim, 78485 i 11

Armagh, 22907 3 31

Donnegali, 9373 ^ ^

Tjrrone, ^^339 2 10

Londonderry, 10305 o 25

Totall of Acres, . . 1805)613 225

d

Summe, 12968" 17' lof

Vnprofiiable forfeited Lande^ lying in distinct ParceUs^ each of them under
five hundred Acres^ ait three Pounds per Thousand Acres,

Tipperary, 19227 3 o

Waterford, 415 1 o o

Kerrey, 14250 i 2

Corke, 21631 j 10

Kildare, 4023 2 8

Longford

( MS )

Longford, 6087 3 16

Kings County, 871 1 i 16

Kilkenny, . . ... 1116 o o

Queens County, 3286 i o

Wexford, . . % 4^59 i 6

Westmeath, 8521 o 18

Eastmeath, 53^2 o 38

Downe, 37'2 2 15

Armagh, 4519 o o

Antrim, 7847 2 8

Donnegall, 6309 2 o

Tyrone, 3700 i 20

Londonderry, 4165 2 3

Dublin, 1666 2 30

Totall of Acres, .... 132489 2 30

Summe, ...... 397** 7* 3^*

BiskoppB Lands, Gleabe LandSy and other Church Lands, Crowne Lands, ^c,

att three Pounds per Thousand,

Tipperiry, 2354 i o

Waterfoi-d, 3224 3 o

Kerrey, i86fe i 19

Corke, '3275 2 20

Kildare, 893 3 39

Longford, ^16 3 jg

Kings County, 786 i 25

Kilkenny, . . : , , . . 3924 i 9

Queens County, 1 844 o 8

Wexford, 6^62 o o

Westmeath, 1323 2 26

Eastmeath, 1870 2 38

I^<^^e, 9889 o 12

Antrim, 8467 2 o

IRISH ARCH. 80C. U Armagh,

( 146 )

Armagh, 9723 i o

Donegall, 7(5957 2 32

Tyrone, 59403 3 8

Londonderry, 5449^ 3 12

Dublyn, 4379 o 22

262159 I 18

d

Summ, 78(?* 9* 7I

Commons appertaining to the forfeited Lands profitable and disposeable to
the Army, att seaven Pounds three Shillings four Pence per thousand
Acres,

Tipperary, 478 o o

Watetford, '44^ o o

Kerrey, 22552 i 36

Corke, 144 o o

Kildare, 4527 2 24

Longford, 31434

Kings County, ... 178 2 o

Kilkenny, 000

Queens County, 000

Wexford, 1258 o o

Westmeath, 276 o o

Eastmeath, 351 o 4

Downe, 142 o o

Antrim, 000

Armagh, o q o

Donnegall, 000

Tyrone, 000

Londonderry, 000

Dublyn, 706 i o

Totall of Acres, . . . . 3^374 2 28

Summe, 232" 12" 8**

Lands

( M7 )

Lands reserved to His Highness and the Commonwealth, '
lyeing in the county of Dublyn and part of Gorke, att
three pounds per thousand acres,

Summe, ....

Ynprofitable lands certifyed to be in parcells under five
hundred acres, but such as, by their joining together,
doe compose parcells above five hundred acres, att three
pounds per thousand acres,

Summe, ....

Ffor the outline lines of all the afforemenlioned bar-
ronyes, per agreement,

}

Acre. rod pe.
416452 3 4

1249" T 'i*

69291 2 16

207" i8» o^

1000*' o' o*

Soe that there is due unto the said D*" William Petty, uppon the afforegoing
accompt, the severall summs hereunder specifyed, viz^:

Imprimis^ ffor one million eight himdred and nine thousand
six hundred and thirteene acres two roods twenty-five
perches of profeitable forfeited lands disposeable to the
army, at seaven pounds three shillings four pence per
thousand acres,

12968** i7» 10^

/fern, for one hundred thirty-two thousands four hundred
eighty-nine acres two roods and thirty perches of unpro-
fitable forfeited lands, lying in distinct parcells, each of
them under five hundred acres, att three pounds per
thousand acres,

Item^ for two hundred sixty-two thousand one hundred fifty-
nine acres one rood and eighteene perches of bishopps
lands, gleabe lands, and other church lands, crowne
lands, &c., att three pounds per thousand acres, .

U2

397" T 3*

786" 9» 7**

Item,

232" 1 2* 8*

' 1249" T 'i*

( 148 )

IteiUj for thirty-two thousand three hundred and seaventy-
four acres two roods and twenty-eight perches of com-
mons appertaining to the profitable lands disposeable to
the army, at seaven pounds three shillings four pence
per thousand acres,

Iteniy for four hundred and sixteene thousand four hundred
fifty-two acres three roods and four perches* of lands re-
served to His Highness and the Commonwealths use,
lyeing in the county of Dublin and part of Corke, at
three pounds per thousand acres,

Item, for sixty -nine thousands two hundred ninety-one acres
two roods and sixteene perches of unprofitable land, cer-
tifyed to bee in parcells under five hundred acres, but
such as by their joining together doe compose parcells
of above 500 acres, at 3 pounds per thousand acres, . .

Item^ for the out lines of all the afforementioned barronyes,
as per agreement,

The totall of all which particulars amounts to the summ of '
sixteene thousand eight hundred forty-two pounds twelve
shillings seaven pence farthing,

November the 26*^, 1656.

There is due unto D"" William Petty, uppon the foot of his 1 ^g u » , ^
accompt for surveyes, the summ of J

There hath been paid unto the said D' William Petty, by 1 ^^ a ^, ^d
severall warrants from the Gouncill, the summe of . . J

207" i8» o^

}

1000

16842" I2» 7i*

L 2557" 17* 3*

There hath been discounted from the army, and paid unto
him, the summe of

M^. Itt doth appeare by Mr. Standish his certificate, bearing date this day,
that the above 13057" 17* 3* bath been received by the said D' Petty, and is
all that hee knoweUi chargeable uppon the account of the said Doctor for ad-
measurement of lands.

Soe

( «49 )

Soe that there remaines yett due to the said D' William i

Petty the summ of three thousand seven hundred eighty- [ 3784*^ 15" 4J*
four pounds fifteene shillings and four pence farthing, . J

M*. That what is due to the said D' William Petty for the survey of the
three countyes of Wickelow, Catherlogh, and Limericke, and allsoe what is, per
contra^ due from the said D*" to the Commonwealth, uppon the accompt of a
former gross admeasurement, are both of them omitted in this present accompt.

E^. ROBBBTS.

26 November, 1656. Rob. Gobge.

Materialls being thus prepared for confirmation of the whole, there issueth
the following orders:

By Hi$ HighnesH the Lord Protectors Councillfor the Affaires of Irdand,

Ordered,

That Mr. Delawne and Mr. Hopkins doe fforthwith make oath, before the
Lord Chief Baron of His Highness Court of Exchequer, of the trueth of their
retume of the contents of the barronyes surveyed by D' Petty, and by them
lately presented to this board. Dated att the Councill chamber in Dublyn, the
26* of November, 1656.

Tho. Hbbbbbt, Gierke of the CouncUle.

By His Highness the Lord Protectors CoundUfor the Affaires of Ireland,

The Councill having considered of the annexed report of the auditors of His
Highness Court of Exchequer, dated the 26^^ of November, instant, of the ac-
compt of Doctor William Petty, doe thinke fitt and order that the said report be
referred backe to the said auditors, who, having considered thereof, and con-
ferred with the said Doctor about the same, are together to prepare such a de-
claration or order of discharge for the said D', as the said auditors shall conceive
fitt to bee passed by this board uppon that account. Dated at the Councill
chamber in Dublyn, the 26® of November, 1656.

Tho. Hbbbert, CUrh of the Councill.

To

( 150 )

To His Highness the Lord Protectors CouncUlfor the Affaires of Ireland.

May it please your Lordshipps, —

Wee have received backe from your Lordshipps the report given in by our

selves uppon D' William Petty's accompt for survey, dated the 26th instant,

and have, according to your Lordshipps order, considered of the same againe,

and, finding noe reason to alter any thing therein, have remitted the same backe

to your Lordshipps ; wee have likewise conferred with the said D' William

Petty, concerning such a declaration and order of discharge of the said accompt

as wee humbly conceive is fitt to pass your Lordshipps, and having drawne it

up, doe likewise therewith, and with our said former report, humbly tender and

submitt the same unto your Lordshipps.

E^. R0BBBT8.

27" No. 1656. Rob. Gobge.

By His Highness the Lord Protectors CouncUlfor the Affaires oflrdand.

TheCouncill having considered of the report and accompt examined by Robert
Gorge and Edward Roberts, Auditors-Generall, in answer to an order of this
board of the 12^ of November instant, according to the retume uppon oath of
Mr. Richard De Lawne and William Hopkins, imployed by Benjamin Worseley,
Esq., Surveyor-Generall, for the examining and casting up of the lands ad-
measured by D^ William Petty by which it appeares that the said
i8o96i3» 2^i5P jjr i^^Ah admeasured as folio weth, viz*, one million eight hundred

and nine thousand six hundred and thirteene acres two roods and
twenty-five perches of forfeited profitable land ; one hundred thirty-two thousand

four hundred eighty-nine acres two roods and thirty perches of
'un^^^fit^le^ unprofitable forfeited lands; two hundred sixty-two thousand

one hundred fifty-nine acres one rood and eighteene perches of
bishopps lands, gleab lands, and other church lands, crowne lands, &c. ; thirty
three thousand two hundred seaventy-four acres two roods and twenty-height
perches of commons appertaining to the forfeited profitable lands ; ffour hundred
and sixteene thousand four hundred fifty-two acres three roods and four perches
of land reserved to His Highness and the Commonwealth, lying in the county
of Dublyn and part of Corke ; sixty-nine thousand two hundred ninety-one
acres two roods and sixteene perches of unprofitable lands certifyed to bee in

parcells

( 151 )

paroells under five hundred acres, together with the outlines of the respective
barronyes wherein the said lands doe lye : according to which, and the contract
with him made the 1 1*^ of December, 1654, and the report of the said Auditors-
generall, it appeares that, according to the rates agreed uppon in the said con-
tract, there is due unto the said D' William Petty, for the above said lands by

him admeasured, the summe of sixteene thousand eight hundred
'^*^d "* '* forty-two pounds twelve shillings seaven pence farthing strerling,

of which he hath received by severall warrants from this board
ten thousands five hundred pounds sterling, and from the officers and souldiers
of the army two thousand five hundred fifty-seaven pounds, seaven teene shil-
lings, and three pence, sterling; soe that there remaines further due to the said
!> William Petty, for admeasuring and setting out of the said lands, the summe
of three thousand seaven hundred eighty-four pounds, fifteene shillings, and
iburpence farthing, sterling ; uppon all which the Councill doe allow and ap-
prove of the said accompts, provided itt extend not to the 2054", which, accord-
ing to the late order of this Board, dated the 24^ of this present moneth, is
ordered to be brought in uppon his next accompt, or to what shall appeare due
to the said D' Petty uppon his survey of the three countyes of Wickelow,
Catherlogh, and Limericke. Dated att the Councill chamber in Dublyn, the

28^ November, 1656.

Tho. Hebbebt, Clerk of the Councill.

This generall accompt being thus passed, when the surveyes of Limricke,
Catherlogh, and Wickelow, were examined as the others were, there issued the
following orders, viz' :

By kU Highness the Lord Protectors Councill for the Af aires of Ireland.

Whereas by an order of this Board of the 15*^ of May last, the Survey or-
Generall of lands was required to take care for the examining and casting up of
the severall plotts and books of references which were returned in by D*" Wil-
liam Petty, concerning the surveyes of the three provinces, and to see that the
same be duely perfected and returned according to the articles of his agreement
or contract, or otherwise to state and present the defects of the said survey unto
this Board; and for the better performance and dispatch thereof, the said
Surveyor-Generall was thereby impowered to imploy soe many able and discreet

persons

( «s» )

persons as bee should thinke fitt, not exceeding the number of four, as by the
said order more at large appeareth. And whereas the said Surveyor-Generall
hath, pursuant thereto, in August last, presented unto this Board his report
concerning the state of the examination of the said D"" Pettyes survey, with
what defects he hath observed in reference to the particulars undertaken by
the said Doctor, and what remains still further to bee performed for and towards
the finall compleating of his whole contract with the Commonwealth, itt is
thought fitt and ordered that Christopher Gough, deputy to the said Surveyor-
Generall, and such other clerke and clerks belonging to the Surveyor-Genendls
office as hee shall appoint, doe, with all convenient speed, prepare an exact
and perfect particular accompt of the lands of the respective barronyes within
the three county es of Wicklow, Catherlogh, and Limricke, as the said D' Petty
hath allready admeasured by the instrument, according to the tenor of his
agreement; and that they doe make oath thereof before any one of the Masters
of the Chancery, and retume the same unto this Board for further considera-
tion to bee had thereuppon. Dated at the Councill chamber in Dublin, the
24*** of March, 1656.

Tho. Hebbebt, Clerk of the Councill.

Oountyes

( 153 )

&

1-s

g

om

pi «*^ O O

. M QO VO

v^ ON «

N

VO O

O

»4

c*»

»*i

rr» liN

»4

N

'^e

'^

^

00 O

N*

«

ON «^
c*»vO

8n

»*i »i^

o\

O O VO QvO N
O O O O O ^

On t** 0\ ^ On
t>» o *N *N t^
O "^ rrk ^ O

00
OS
OS

O O O O O
O 1^ O N M

0\0N ONONVO
O 00 tr%\0 *^
tONO N NO *^

0\ *^ *^ O ON

VO !
o

VO

8

oo

O

O

"O <C M

pj O O O i-i o o

QJ en M N ^

m m

00 N 00 O NO -^

. 1^ 00 «-»^ "^ NO

< u^ cnoo « t*N t>-

H

N

8

COO
CON

O 00 N

oo 11 «

C^^ 1-4

^

^

N

C*»

^

*^

ON

•t

M

»*i

pm

VO o o o o

eo N O •-• O

NO N

VO

N

o\

«

w

ON
00
N

'^
N

p.

a

k8

J3

ill

!l8

0^

P6

o

o

N

Ov

. . .

o

. . o •

o

• • VO •

^4

00
N

■ • •

o o
O o

00 00
N

VO

ON

O O O
eo CO O

ON liM^
N N "^

O
N

N

O

VO

o

N

NO

o; O O O O VO O

*o
^ N O N O H «

. •/^vo 00

^ CO fO ^

« O O
to

VO
to

N

00
VO

o

O

t^

t^

to

p^

o

O

to

O

to ON to

00

t-»o

O

00

m

N4

N

O O O O O O

I

to to « O 1^ I 1^

i

*^ O VO -^ to VO

M On c^ v^oo 1^

»^ O M « N On

to

N

as

8

ft* OvC>.vo •-• O

•^ W to •-« N »^

*i4 N O

C4 N ON

tO cooo
•^ r^ O

O

M M O

ON

t^ON

o «

On v^

to
to

to

oo

00

O O VO O trs
N

O O N O H

M M CO v^ On
00 <^ CO O »^
00 u^ o rooo
to ^ CO •-• ro

to N M M

to
O

O

N

00

O O O O O

to M N M O

•«^ ON tr> M O

r*» M M o "^
ro M d loco
u^ r^ to O oo

MM M

to

O
v^

O

VO

to

On

to

I

1

I

a
s

I

o

1

a

- > f"

^3

a

Si"

a

p

o

O

o

^

Id

04

»

a

o
O

3

o

H -

H

04 .

a

s .

-< o

IRI8H. ABCH. 80C.

( IS4 )

•

In obedience to your Lordshipps order of the 24*** instant, requiring us with
all convenient speed to prepare an exact and particular accompt of the contents
of the severall barony es of the three county es ofWicklow, Catherlogh, and
Limricke, as D*" Petty hath allready admeasured, according to the tenor of his
agreement, wee humbly certifie that, according to our instructions received from
the Surveyor-Generalls deputy, we have, with the best of our care and know-
ledge, examined the admeasurement of the preceeding barronyes, and find the
particulars of their contents to bee as they are sett downe in the above colimies.

M^ That the examination of the countreys of Wicklow and Carlow was

only betwixt plott and reference, noe civill survey or abstracts of them being yet

returned into the Surveyor-Generalls office.

Phillip Conway.

March 26***, 1657. Hbn. Moncxe.

This day Henry Moncke and Phillip Conway deposed before mee that what

they have above certified is trueth.

Swome before me,

John Temple.

By his Highness Uie Lord Protectors CouncUlfcr the Affaires of Ireland,

Ordered,

That the auditors of his Highness court of Exchequer doe review a former
accompt of theirs, exhibited concerning the reimbursements which D' William
Petty was (pursuant to his articles) to make for the 2054^ alledged to be dis-
bursed uppon the gross admeasurement ; and they are carefully to examine
what monyes have actually been paid him uppon that accompt, with what else
they may judge materiall in that bussiness. And it is further ordered that the
said auditors doe uppon the accompt of the contents of the severall barronyes of
Wicklow, Catherlogh, and Limricke, as delivered by Mr. Christopher Gough,
and others by him appointed, uppon oath, compute, according to the contract
of the 1 1^^ of December, 1654, what appeares to be due unto the said D' Petty
for his survey of the said baronyes ; and withall to ballance the said accompt,
and present the same for the further consideration of this board. Dated at the
Councill chamber, in Dublin, the 25^ of March, 1657.

Tho. Hsbbebt, Clerk of the Coundll.

To

( >5S )

To the Right Honourahle his Highness the Lord Protectors Coundllfor the

Affaires of Ireland.

May. it please your Loidshipps,

In obedience to your Lordshipps order of reference of the 25^ of March,
instant^ wee have reviewed a former accompt by us exhibited to your Lord-
shipps, concerning the reimbursements that D"" Petty was, pursuant to his articles
of the 11^^ of December, 1654, to make, amounting, as wee then conceived,
unto two thousand fifty-four pounds, nineteene shillings, as soe much disbursed
uppon the grosse admeasurement^ at 45' per thousand acres, in the 17^ of the
said articles mentioned ; but, uppon further enquiry into the matter, find that,
allthough warrants were yssued for the payments of the said summes unto seve-
rall persons, yet there was but nineteene hundred fifty-four pounds, nineteene
shillings, actually and really paid unto them. Wee have allsoe transmitted
unto your Lordshipps the accompt of that whole affaire, as it was sent unto us
by the Surveyor-Generall, exspresseing and specifyeing the severall states and
grounds of each of the said payments respectively, for your lordshipps further
consideration. Wee have allsoe, according to the said order of your Lordshipps,
computed, according to the said contract and articles of the 1 1^ of December,
1654, what appeares to bee due unto the said D' Petty for his surveyes of the
three county es of Wicklow, Catherlogh, and Limricke, according to an accompt
of their respective contents delivered in uppon oath before Sir John Temple,
according to your lordshipps order in that behalfe, by Henry Moncke and Phillip
Conway, whom M' Christopher Gough, deputy to the Surveyor-Generall, had
by your Lordshipps said order appointed to cast up and examine the same,
and doe thereuppon find to bee due to him, the said Doctor, for the said survey,
asfolloweth, viz^: 172369^ 24P of lands profitable, and disposeable to the army,
in the countyes of Wicklow and Limricke, which, att 7^ 3' 4*^ per thousand
acres, amounts unto 1235^ 6' 4*^; allsoe for 65050^ 3' of profitable forfeited
lands in the county of Carlow; allsoe for 10029^ 2' 3^ of unprofitable lands,
lying in parcells under 500% within the three countyes of Wicklow, Carlow,
and Limericke; allsoe for 24289^ 2' 21^ of gleab and other church lands,
profitable and unprofitable, within the three countyes: in all, 99369^ 3' 24^,
which, at three pounds per thousand acres, amounts unto 298^ 2* 2^. Soe that
there is due, in all, unto the said Doctor, uppon this accompt, the summe of

X 2 fifteene

( »S6 )

fifteene hundred thirty-three pounds, eight shillings, and sixpence, the which
being deducted out of the said 1954^ 19* to bee reimbursed unto your Lord-
shipps by the said D' Petty, there remaines due unto your Lordshipps the sum
of ffour hundred twenty-one pounds, ten shillings, sixpence, which is the bal-
lance of the whole accompt required from us by your Lordshipps. All which
wee humbly submitt.

E^. ROBEBTS.

31 of March, 1657.

By his Hiffhness the Lord Protectors Councillffor the Affaires of Ireland,

The Councill having taken into consideration a report of the Auditors-
Generall, dated the 31^ of March last, made uppon an order of reference from
this board, of the 25^ of the said moneth, whereby they cerdfie that, having
reviewed a former accompt by them exhibited to this Board, concerning the
reimbursements which D' William Petty was (pursuant to his articles of the .
11^ of December, 1654) to make, amounting, as was then conceived, to
2054^' 19', as soe much disburst uppon the grosse admeasurement^ att 45" per
thousand acres, in the 17^^ article mentioned, but, uppon further examination,
find that there was but 1954^ 19' actually and really paid, though warrants
had issued to severall persons for payments thereoff; and that, uppon com-
puting what is due to the said D' for survey of the three countyes of Wicklow,
Gatherlogh, and Limricke, there appeared due (by the contents of acres sur-
veyed) the sume of 1533^^ 8' 6<>, deducting which out of the aforesaid sume of
1954" 19* to be reimbursed by the said Doctor, there remaines 421" lo* 6\
which is the ballance of the accompt; and uppon consideration likewise had
of the said D" petition and remonstrance, craving an allowance or mittigation
of the said 421^^ 10' 6^^ without which the passing and cleering his accompts is
obstructed, the Councill, having duely considered thereoff, have thought fitt, for
those and other considerations, and accordingly order that the said summe of
421** lo" 6* bee allowed to the said D"" uppon his accompt: provided, neverthe-
less, that if uppon future examination and compleating his contract and pro-
ceedings uppon the said surveyes, itt appeare that the said summe of 421" ic 6\
or any part thereof (notwithstanding his said reasons and remonstrance), shall
not bee held fitt to be allowed him, that then the said summe, or such propor-
tionable retrenchment as shall bee conceived meet, shall be subducted and reim-
bursed

( 157 )

buTsed out of such allowance as shall be judged fitt to bee made him for his
care and paines in setting out lands for the satisfaction of the army, or other
publicke services by him to bee performed, and accordingly to bee accompta-
ble for the same, of which the Auditors-Generall and others concerned are to
take notice. Dated at the Councill chamber, in Dublin, the third of Aprille,
1657.

Tho. Herbebt, Clerk of the CouncUl.

CHAPTER XIL

HITHERTO hath been sett forth the manner of bringing in, examining,
and accompting for the said survey ; itt remaines to sett forth the like
narrative of the manner of paying for it, and clearing the severall summes due
uppon the said accompts, viz^:

There was two thousand pounds paid as advance money by the order of the
17^ of December; about May following there was granted another order for
one thousand pounds and five hundred, just as the Lord Deputy Fleetwood and
some of the Councill were going a progress into the countrey, with directions
that the said order should not be delivered the Doctor untill hee had produced
such and soe much worke as answered the said summe, according to the letter
of the contract, or equivalently, which was observed: accordingly, 11^*^ of May,
the following order issueth :

Btf the Lord Deputy and CouncUL
Ordered,

That it bee referred to the Commissioners-Gknerall of the Revenue, and Mr.
Standish, Receiver-Grenerall of the Revenue of Ireland, to consider of the agree-
ment made with D' Petty for admeasurement of forfeited and other lands in
Ireland, as allsoe of the generall vote of the councill of officers of the 18^ of
December last, concerning the armyes proportion of the pay undertaken to bee
made to D' Petty, for his worke of surveying their lands allotted for their re-
spective arreares, and how the same may be reimbursed to the public treasury

out

( «S8 )

out of the pay of the army, and in what proportion. They are further to consider
how the moneys, from time to time payable to D' Petty by the said agreement,
may bee had to answer the engagement of state therein, and to offer their opi-
nions herein with all convenient speed. Dublyn, the ii^ of May, 1655.

Tho. Herbert, Clerke of the CouncUL

Whereas, uppon making a contract with D' William Petty for admeasuring
and subdivideing the lands allotted to the army, itt was agreed at a generall
councill of officers, on the 11^^ day of December last, that one-third part of what
should bee due for measuring their whole proportions of lands respectively
should be deducted out of the then next moneths pay of the army ; now foras-
much as the exact computation of the said third part will not only bee very
tediouse, but allsoe uncertaine, untill it shall bee determined in what province
each debenture shall bee satisfyed ; itt is therefore thought fitt, by way of esti-
mate, to deduct for the present only soe much out of each troope and company
as will suffice for the present exigence of that service uppon the accompt of the
said engagements.

These are therefore, by the advice and at the request of the officers here pre-
sent, to authorize and require you to discount out of the next moneths pay, com-
mencing the 16*^ of Aprill last, from each troop of horse the summe of fifteene
pounds, from each troop of dragoones twelve pounds, and from each company
of foot seaven pounds ; ffor the which said summes the said D' William Petty
is to give his receipt unto the respective agents of the said troops and companyes
as their discharge for the same, and to receive it for and towards his satisfaction
for the surveyes by him undertaken : and you are to pay the said summes de-
ducted as afforesaid, either immediately unto the said D' William Petty, or to
charge the public treasury therewith for his use ; and for your soe doeing this
shall be your warrant Dated att Dublyn, this 18*^ of May, 1655.

Charles Fflsstwood.

To John Blackwell and Richard Deane, Esq", Trea-
surers at Warr, or their Deputies, and every of them.
To Edward Roberts, Auditor-Generall.

On which was received the summe of. . . . Afterwards, four distinct war-
rants issued for one thousand pounds each :

After

( «59 )

After the disbanding, anno 1655, there was collected by Mr. Standish the

siunme of

In both two thousand one hundred ei£rhty-six pounds and two
pence.
When the Committee of Artists had returned their report of the 1 7^^ of
March, 1655, the auditors and Surveyor-Generall make the following report:

To His Highness the Lord Protectors CouncUlfar the Affaires of Ireland.

In pursuance of your Lordshipps commands, we have mett and considered
what moneys D' Petty demands as a further advance on the accompt of the sur-
veyes of Ireland, and how your Lordshipps may safely advance the said moneys
to the said Doctor.

And doe find by certificat from the said Doctor that he hath
J2>ie. ^"^ surveyed two millions and eight thousand acres of forfeited profit-
able land, part of which he hath subdivided to the late disbanded
souldiers, besides the church lands and crowne lands, which, according to the
rates in his contract, when the army shall bee put into possession of the whole,
amounts imto about the summe of seaventeene thousand nine hundred pounds,
of which he hath received, by your Lordshipps warrants, seaven thousand five
hundred pounds, and from the army two thousand one hundred eighty-six pounds
two pence, making in all nine thousand six hundred eighty-six pounds two
pence, besides the money that is to bee deducted for the advance of former sur-
veyes. Now, fforasmuch as the said Doctor hath not as yett passed his accompts,
neither can he finally doe the same untill the army bee put into possession of
their lands, and the said D' may not bee streightned in his undertaking, wee
humbly offer.

That three thousand pounds more bee paid the said Doctor uppon the ac-
compt of the surveyes, which wee conceive humbly your Lordshipps may safely
doe, consideration being had to the said Doctors security, and the proportion of
the worke hee hath to accompt for, on the finall conclusion of this business.

Provided that noe more money may bee paid the said Doctor imtill hee have
compleated his undertaking, and past his accompt for the same.

All which wee humbly submitt, &c.
18^^ of March, Bbh. Wobselet.

1655. Edw. Roberts.

Whereuppon

( t6o )

Whereuppon a warrant issued for payment of 3000" more, when, by the ac-
compt passed the 28*^ of November, 3784", &c., was thereby certifyed to bee
due ; and when the army was in possession of their lands, an accompt was pre-
pared of what was due from each alottee, whether the same were troope, com-
pany, or private person or persons. According to this accoimt, the following
orders issued.

Whereas, by an order of the Councill of Warr, bearing date the 1 1*^ of De-
cember, 1654, it was agreed that one penny per acre should bee allowed by -the
officers and souldiers of the army, for and towards the admeasurement of such
lands as they should receive in satisfaction of their arreares ; and forasmuch as,
in pursuance of the said agreement, severall summs of money were advanced and
paid unto D' Petty uppon this said accompt, by order from His Excellency the
Lord Deputy, bearing date the 18^ of May, 1655, out of the severall troopes
and companyes of the army :

These are, in further pursuance of the said agreement, to will and require
you to deduct soe many pence out of the pay of every troope and company of
the army, as the said troop or company hath recived acres of land in satisfaction
of their arreares, as the same shall appeare unto you by certificat from the com-
missioners appointed for setting out of the said lands unto them, due deduction
being made of all such moneyes as you find to have been allready advanced
uppon the same accompt as afibresaid ; and the said moneyes being discounted
out of the next moneths pay, after your receipt of the aforementioned commis-
sioners certificate respectively, you are to pay unto the said D' William Petty,
he giving his receipt and acquittance for the same unto each troope and com-
pany from whome it shall bee soe discounted ; and for your soe doeing this shall
bee your warrant. Dated this second day of December, 1656.

H. Cbomwell.
To John Blackwell and Richard Deane, Esq", Trea-
surers at Warr, or their Deputy.

When as much money was received as might well bee collected in this way,
there was presented the following petition :

TO

( »6« )

TO HIS HIGHNESS THB LORD PBOTECTORS COUNCIIX FOR THE AFFAIRES OF

IRELAND.

The humble PoUion of I> WiUiam Petty
Sheweth,

That your petitioner having, uppon the foot of his accompt, due unto him
from jour Lordshipps the summe of 3784^ 15' 4**, did doe his utmost endeavour
to collect the same from the army ; and, for the better prevention of damage to
your Lordshipps, did charge them as well with the lands of dubiouse title as
with those that are cleer.

And yet nevertheless soe it is, that your petitioner can not raise the said
summe within less then 971", not seeing any hope of receiving much more.
Wherefore hee humbly beseecheth your Lordshipps to take some other course
for satisfying unto him the said remainder in some other less vexatiouse and dis-
tastfull (if not impossible) manner, that your petitioner may thereby bee enabled
to discharge his many debts and engagements depending hereuppon.

And hee shall ever pray.

By His Highness the Lord Protectors Councilifor the Affaires of Ireland.

Ordered,

That the annexed petition of \y William Petty bee referred to James
Standish, Esq., Receiver-Gknerall, and the auditors of His Highness Court of
Exchequer, to consider of the allegations thereof, and having examined the
truth of what therein is suggested, and heard what the petitioner shall further
offer therein, and, in particular, satisfyed themselves how the summ of 971"
therein mentioned appeares due, and how it comes to pass that it cannot bee
raised from the officers and souldiers of the army, as by the petitioner is sug-
gested, they are, with the petitioner, to consider of some exspedient how the
petitioner may seasonably and regularly recieve satisfaction for that arreare, and
to certifie the same unto this board for further consideration.

Dated the 2* of Ffebruary, 1656.

Tho. Herbert, CUrk of the CouncUL
IRISH arch. soc. Y To

( i62 )

To Bis Highness the Lord Protectors CounciUfor the Affaires of Ireland,

May it please your Lordshipps,

In pursuance of your honours order of reference of the 2* of Ffebruaiy in-
stant, uppon the petition of D*^ William Petty, with the same hereunto annexed,
wee have considered of the contents thereof, and what the D' hath further of-
fered pursuant thereunto, and doe humbly present the state thereof, with the
best remedy wee can at present conceive, to your Lordshipps consideration.

Wee find that of the 971^ appearing to us, as is sett forth in his petition, to
bee due unto him, besides what was then deducted from the army on his behalfe,
there hath been since the time of his petition exhibited to your Lordshipps a
farther deduction of 1 14^^ 10* 5^ ; and that there is due, according to the same
rules of deduction, from the severall forces or companyes of the Irish regiments
now in England, with the two companyes in the Isles of Buflin and Aron, the
summe of 242" 9* i*, which may bee very well secured and obtained, and those
two summes, making 356^ 19* 6^, provided the latter, by such wayes and meanes
as may bee offered for calling in the same, bee made good unto him^ will reduce
his demand and arreare ; and that which can not, or any part thereof, bee required
of the present army, to the summe of 614" 8' 9'', which falls to bee in arreare by
reason of many that were satisfyed the last yeare, who did not pay their full
proportions, and numbers of others, as well supernumeraries as single persons,
satisfyed, both the last year and this, from whome the deduction of their respec-
tive portions could not bee made or otherwise had, being not in a course of
pay with the army.

To repaire which there is, as wee conceive, but one of these two wayes to
bee used, viz* :

To give him allowance for the same out of such reimbursements as by con-
tract he is to make to the Commonwealth for money paid to the old surveyors.

Or, for that it appeares unto us, whereoff hee is fully satisfyed, that there is
exceeding his demand due from such supemimieraries, single persons, and others
as before exsprest, who have not paid any thing, or but part of what they ought,
you give him allowance thereout, by way of increase above his demand, adequate
to his paines, industry, and hazard hee shall nm in the obtaining thereof, pro-
vided you impower him for that purpose in such way and by such meanes as he
may propose unto your Lordshipps, and you may think meet to consent unto ;

thereby

( i63 )

thereby putting him under any probability for the obtaining thereof, which he
is consented to accept for satisfaction, and thereuppon to acquitt the Common-
wealth of his demand of 614" 8' p"*.

All which is humbly submitted to your Honours.

Edw. Roberts.
Ja. Standish.

By his Highness the Lord Protectors CowuMfor the Affaires of Irelande.

Whereas it is certifyed by the report of James Standish, Esq., and the
auditors of his Highness Court of Exchequer, uppon a reference from this
board, dated the second instant, that there will remaine due to D' William
Petty, to compleat his satisfaction of 3784^^ 10* 4^S due unto him uppon his
accompt passed the 28^ of November last, over and above all that can bee col-
lected from the troopes and companyes now in a course of pay with the army,
and what hee hath been paid by warrant from this board, the summe of
614" 8' 9**( and whereas all such as received lands for satisfaction of their
aneaies were to contribute one penny per acre towards the charge which the
Conunonwealth had undertaken to beare for the admeasurement of such lands,
according to an agreement of the nth of December, 1654, with the army;
and fforasmuch as both the said referrees and D'^ Petty are satisfied that there
is more of the said contributions behind and unpaid, from such as have now noe
growing pay with the army, then will make the said sum of 614" 8' 9**, which
the said referrees see litle hopes to collect, and thereuppon have offered as
their opinion, that in case the said I> shall take uppon himselfe the labour and
hazard of gathering up the said contributions, that hee be allowed an increase
for the same, adequate to such his paine, industry, and hazard : whereuppon
the said I> Petty, by leave of this board, hath proposed that in case he may
have orders from this board to collect the said arreares (as have been formerly
granted) for his owne use and benefitt, and that likewise if he may bee indemp-
nifyed by this Board for such acquittances as hee hath or shall give unto the
souldiery for the contributions afforesaid, that then he is content to accept of
the said arreare of contribution in satisfaction of the afforementioned summe of
614" 8' 9^

The Councill, uppon serious consideration had of the whole matter, doe

Y 2 thinke

( i64 )

thinke fitt and order that the said D' Petty bee allowed, in satisfaction of the
said summe of 614" 8' ^\ all such arreares of pay of one penny per acre as are
or shall bee due uppon the accompt afforesaid ; and that all persons concerned
doe yeild and pay the same allowance unto the said D*" Petty, in such manner
as the standing army satisfyed this present yeare, 1656, have generally done
unto the Receiver-Generall. And the said D*" Petty is hereby indempnifyed
for such acquittances as hee hath or shall give the souldiery for payment of the
penny per acre as afforesaid ; provided that, uppon receipt of this order, hee
doe deliver unto the clerke of the Councill an acknowledgement under his
hand and scale that hee hath received the said summe, 614^* 8' 9^, and thereby
fully release and discharge the Commonwealth for the same. Given att the
Councill chamber, at Dublyn, the 11^ of Ffebruary, 1656.

Tho. Hebbsrt, Clerk of the CaundU.

There now appeares severall mistakes uppon the afforesaid accompt, by
which Sir Charles Coot had paid too much, 35" ; Collonell Ingoldsby, 20" ;
CoUonell Saunders, 22"; and Captain Greorge Owen, 17^; itt appeared that
the survey of Owneybeg was never paid for: uppon accompt of which two mat-
ters, vizS the 94*' paid backe to the souldiers, and the omission of Owneybeg,
there was presented the following petition, viz^:

TO HIS EXBLLBNCY THE LORD LIEUTENANT AND COUNCILL.

The humble Petition of ly William Petty,
Sheweth,

That being uncertaine whether to place the barrony of Owneybeg to Tip-
perary or to Limericke countyes, itt was omitted out of both, uppon passing
your petitioners generall accompt for the survey.

That the survey of the same amounteth to sixty-two pounds, seaven shil-
lings, and seaven pence.

That when M' Standish had done collecting all he could from the souldiers,
towards the payment of your petitioner, that there remained due to your peti-
tioner 614*^ 8' 7'', the which sume your petitioner, uppon certaine considera-
tions, released the State of.

Now soe it is that, since the evening of that accompt, your petitioner hath
paid backe to Sir Charles Coot, Sir Henry Ingoldby, Collonell Saunders, and

Captain

( i6s )

Captain George Owen, the summe of ninety-four pounds, overpaid by mistake
to your petitioner; both which summes of 94", and 62" 7* 7*", are justly due
unto your petitioner, as may appeare by the severall certificates annexed.

Wherefore your petitioner humbly prays your lordshipps to give war-
rant for the payment thereoff.

And hee shall pray.

By the Lord Lieutenant and CouneUl.

Considerations being had of the allegations of this petition, ordered that it
bee referred to the Auditors-Gknerall, who are to examine and certifie the
board a state of the account therein mentioned. Dated at the Councill chamber.
Dyblyn, the 11*** of February, 1658.

Tho. Herbebt, Clerke of the Councill.

To Hie Highness the Lord Protectors Councill ffor the Affaires of Irelande.

In obedience to your lordshipps order of reference, bearing date the 1 1^^ of
February instant, wee have examined the state of the accompts and demands
of D' William Petty, and doe certifie as followeth, viz* :

Wee find by a report, and the papers thereunto belonging, from M*" Standish
and our selves, dated the 11*^ of Ffebruary, 1656, in part of 3784" i^* 4* due
to the said Doctor, he acknowledged the receipt or satisfaction for 3170^ 6' 7^,
collected by M' Standish from the severall regiments of the standing army ; soe
as there remained due unto him from your lordshipps but 614" 8* 9^, which he
hath since released to the State.

adiy. We find that of the said 3170" 6' 7^, there hath been paid backe
onto Sir Henry Ingoldsby, 20"; to Samwell Wade, for Sir Charles Coots use,
35^ ; to Paul Cudmore, for CoUonell Saunders, 22^^ ; and to Capten George
Owen, 17**; making in all 94^^

3dly. Wee find that the said Doctor was never paid for admeasuring the
barony of Owney Beg, in the county of Limricke ; and that there is due for
admeasuring the same, according to his contract, the summ of 62^ 7' 7^; both
which sunmies amount together unto 156^ 7' 7*^, and are justly due unto him.

Ed. Roberts.
18*** of Ffebruary, 1658. Rob'''. Gorge.

By

( i66 )

By h%8 ERghness the Lord Protectors CounciU, ifc.

It appearing by the report of the Auditors-Generall, dated the i8'^ of this

instant February, touohing the accompt of D' William Pettyes of 3784^^ 15',

for surveying the Commonwealth lands, that there is an arreare of the summe

of 94" remaining due unto him thereuppon ; and further, that he was never

satisfyed for admeasuring the barony of Owney Beg, in the county of Limricke,

for which there is alsoe due unto him, according to his contract, the summe of

62** 7* 7*, both which summes amount together unto the summe of 156'* 7* ^\

itt is thought fitt and ordered that James Standish, Esq., Receiver-Generall,

doe, out of such moneys of his Highness revenue as are or shall come to his

hands, issue forth and pay unto the said D' William Petty the said summe of

one hundred fifty and six pounds, seaven shillings, and seaven pence, in full

discharge and satisfaction of all his demands from the State uppon the accompt

before mentioned, taking his receipt accordingly ; and for soe doeing this shall

bee a warrant. Dated at the Councill chamber, in Dublyn, the 21^ of February,

1658.

W^. Steele, Cane.

Miles Cobbbtt.

W^. BUBY.

CHAPTER Xni.

HITHERTO hath been spoken of examining, accompting, and paying for
the said survey ; it folio wes next to sett forth the manner of taking up the
contract and bond given for performance of the same.

The survey being delivered in about the beginning of March, 165^, itt
seemed reasonable that twelvemoneth after that time the D' should be totally
discharged from all manner of obligations concerning the same. Now, at the
exspiration of the said twelve moneths, three of the Councill being goeing judges
of assize, and were therefore to be absent about the beginning of March, 165^,
when twas thought fitt to desire the said discharge, the D' did somewhat before
that time present the following petition, viz* :

TO

( «<S7 )

TO HIS HIGHNESS THE LORD PROTECTORS COUNCILL FOR THE AFFAIRES OF

IRELAND.

The humble Pdition of 1> Wmiam Petty
Sheweth,

That the time being now come when your petitioner ought, if ever, to bee
discharged from his contract for surveying, and of his bonds given for perfor*
mance of the same, hee humbly prayeth that the same may be done accordingly,
before some of your Lordshipps, the judges, bee called from the Councill to the
circuit, to the end that ample satisfaction may be given and taken from your
Lordshipps granting of the same, and such as is suitable to the creditt and repu-
tation of your petitioner herein.

Who shall ever pray, &c.

W. Petty.

By His Highnesse the Lord Protectors Councill for the Affaires of Ireland,

Vppon consideration had of the within petition of D' William Petty, pray-
ing to bee discharged from his contract for surveying, and of his bonds given for
performance thereof; ordered, that it bee referred to Mr. Attumey-Qenerall
Basill to consider thereoff, and of the contract made with the petitioner, and
allsoe of all such orders of this board as relate thereto, true coppies whereoff are
hereunto annexed ; and uppon due consideration had of the said contract and
orders, to report his opinion unto the board, whether it bee fitt the petitioner
should bee discharged as yett of the said contract and bond. Dated at the Coun-
cill chamber in Dublyn, 23**" of Ffebruary, 1659 [1656?]

Tho. Herbert, Clerke of the Councill.

In answer to this reference, after a terrible examination of all particulars, the
Attumey-Generall makes the following report, viz* :

To the Right Honourable His Highness the Lord Protectors Councill for

the Affaires of Irdand.

May it please your Lordshipps,

In obedience to your Lordshipps order of reference to me directed uppon
the petition of D' Petty, bearing date the 23*** of February, 1656, and hereunto

annexed.

( i68 )

annexed, I have examined the matter to mee referred, and there was produced
before me a coppy of certaine articles of agreement, attested by Tho. Herbert^
Gierke of the Councill, to bee a true coppy, bearing date the 1 1*** of December,

1654, made betweene Benjamin Worseley, Esqr., Surveyor-Grenerall, by the
appointment of the Right Honourable the Lord Deputy and Councill of Ire-
land, on the behalfe of the Commonwealth, of the one part, and the said D' Wil-
liam Petty on the other part, which said coppy is hereunto annexed ; for per-
formance whereoff the petitioner alledgeth a bond offfourthousand pounds was
by himselfe and others given ; and which said articles the said Doctor William
Petty affirmeth he hath performed, and for proofe thereof produceth before mee,

I St. The coppy of an order from your Lordshipps, dated the lo*** of March,

1655, attested by Tho. HerWt, Clerke of the Councill, whereby it appeareth
that the petitioner then had tendered to your Lordshipps an accompt of the whole
survey by him undertaken, and that the same was put then into a way of exami-
nation by your Lordshipps, whether the petitioner (re vera) had performed the
severall parts of his agreement, and whether there were any failure on his part,
and wherein.

2dly. Hee produceth another order, dated the 1 1^ of March aforesaid, and
attested as afforesaid, whereby the premisses were referred to a committee of
artists, which said committee, or any three or more of them, were to examine,
by the best wayes they could, the truth of the originall ffield books and plotts
relateing thereunto, and to enquire into the true performance of the exact me-
thod and keeping the said ffield bookes and plotts, and such other wayes as they
should conceive fitt for the better examining and checquing the said worke,
and for exsperimenting the truth of the said D" undertaking.

3dly. Hee hath produced a coppy of the report of the said committee last
mentioned, made unto your Lordshipps, bearing date the 17^ of March, 1655,
attested as afibresaid, the coppy whereof is hereunto annexed, whereby they,
having declared unto your Lordshipps that they had considered the ability of
the persons imployed in the ffield worke, the instructions given them, the me-
thod of the ffield books, the way of protracting and casting up, and what cheques
were appointed for the said worke, — having considered of the said particulars,
doe not exspress any dislike or exceptions to the performance of the said arti-
cles, by all the tests or wayes of examination exspressed to have been made by
them ; only they deliver their opinion that whatever fault might lurke in the

said

-;

( «<S9 )

said worke could bee noe otherwise found then by the care of the respective
persons therein concerned, as may at large appeare by the coppy of the said
report hereunto annexed.

4thly. The petitioner produced another order, bearing date the 26**^ of No-
vember, 1656, attested as afibresaid, whereby it appeareth that your Lordshipps
having considered of a report of the auditors of His Highness Court of Exche-
quer uppon the accompt of the said D'^ Petty, concerning the said admeasure-
ment, did direct the said auditors to consider thereof, and to prepare such a de-
claration or order of discharge for him, the said D', as the said auditors should
conceive fitt to bee passed by your Lordshipps uppon the said accorapts.

5thly. The said D' Petty produceth another order of your Lordshipps, dated
the 28**» of November aforesaid, and attested as afforesaid, whereby your Lord-
shipps doe acknowledge that there was due unto the said Doctor 3784" 15' 4^**
uppon the foot of the said accompt, which your Lordshipps did thereby allow
and approve of, with a provizoe that the said accompt should not extend to
2054** mentioned in the said order, which the said D' alledgeth was to bee re-
imbursed to your Lordshipps by the said Doctor for grosse admeasurement,
according to the ii*** and ly^ articles of his contract, nor unto what shall ap-
peare to be due unto the said D"" for his survey of the countyes of Catherlogh,
Wicklow, and Limricke.

6thly. The petitioner produced another order, dated the third of Aprille,
1657, whereby itt appeareth that your Lordshipps gave an allowance of an ac-
compt relating to both those particulars, whereunto the said last mentioned
order did not extend, that is to say, the said 2054^^ to bee reimbursed to your
Lordshipps, and what was due unto the petitioner for his survey of the said
countyes of Catherlogh, Wickelow, and Limricke.

Moreover I find by the second article of the said contract, that the said D*"
Petty was to subdivide the lands by him admeasured into the lowest denomina-
tions, into soe many other smaller parcells as should bee requisite particularly
to Batisfie each man his respective arreare, without any readmeasurement, and
by the tenth article that hee was to compleat all the surveyes mentioned in the
said articles, and to retume the plotts, mapps, and bookes of reference, within
one yeare and one moneth next after the date of the said articles ; and by the
eigth article, the said D*" Petty was, with the retume of such books, to note and
mention all such subdivisions of lands as should be made to each particular per-

IBISH ABCH. SOC. Z SOU ;

( I70 )

son ; and by the nineteenth article, that whateoeyer complaint should be made
against the said survey should bee exhibited within twelve moneths after the
said subdivision mentioned in the fforgoeing articles of the said contract should
bee made and given, and not afterwards ; and there was likewise produced be-
fore me a coppy of an order of your Lordshippe, bearing date the 20**" of July,
1655, attested by Thomas Herbert, Gierke of the Councill, for allowing the
rents and profitts issueing out of the forfeited lands unto the army, untill the
said lands should bee divided and layd out by the downe admeasurement ; and
whereby it is desired that the counties desired for collaterall security are not
disposeable for satisfying the army, untill it should appear what surplusage
might arise from the moyety of the ten countyes ordered for the satisfiiction
of the adventurers, and out of the county of Lowth. And the petitioner doeth
thereuppon affirme, that the performance of the subdivision within the thirteene
moneths afore mentioned became to him impossible, for asmuch as he could
not, according to the said last mentioned order, subdivide or dispose of the lands
untill the said surplusage of the adventurers lands, [and] the county of Lowth,
were first knowne, which are yet, as he afErmes, unknowne, without any under-
taking of his, or default in him. The petitioner doeth allsoe affirme that he could
not subdivide the lands according [to] the second article of the said contract,
by reason the said lands did not hold out to give the army their full satisfaction,
as in the said articles was supposed ; nor could it bee knowne unto what pro-
portion of satisfaction the said lands would extend, unless the downe admea*
surement of the whole were first finished ; all which he doeth affirme is well
knowne unto your Lordshipps, and says that it had been as easy for him to have
performed the downe admeasurement and subdivision both together, according
to the intention of the said contract, as in the second, eight, and tenth articles
thereof aibrementioned is implyed, as to have performed the downe admeasure-
ment alone by it selfe, as by your Lordshipps said order, and the exigencies be-
fore mentioned, hee affirmeth he was forced to doe. And as to the petitioner
being bound twelve moneths after posession given of the said lands, the peti-
tioner alledgeth that he understood the time of possession to bee when the army
might have entered into possession, and might have examined the truth of his
performance according to the tenor of the said articles, alledging aUsoe that he
never intended the said twelvemonthes of his probation should begin from the
time of that legall and absolute possession which your Lordshipps only can give,

and

( I?' )

and which is noe ways in his power either to further or hinder; and says that it
was not in his power to bring men in that senoe to take their lands, even when
he had admeasured the same for them. Soe that uppon the whole matter, if your
Lordshippps bee satisfyed that the downe admeasurement was sufficiently per-
i'ormed, as is alleadged ; and that the reason why the subdivision and setting
out lands was not performed, according to the very letter of the contract, was
not through the petitioners default ; and that noe other matter appeares unto
your Lordshipps then what hath been produced unto me as affi^resaid ; and that
the bond entered into by the petitioner and his suretyes was conditioned only
for performance of the said articles, which bond the petitioner could not, as hee
alledgeth, produce unto me, being in your Lordshipps custody ; and that there
be noe other then what at present appeareth unto mee : then I am humbly of
opinion that there is much equity why the petitioner should bee discharged
irom his said contract and bond, as is desired ; which I nevertheless humbly sub-
mitt into your Lordshipps consideration and judgement.

Will. Babill.
Dublyn, I3«» of Aprill,

1657.

By kU Highness the Lord Protectors CounciUfor (he Affaires of Ireland.

The Councill having duly considered of an humble petition presented by
I> William Petty, praying to be discharged from his contract for surveying
the forfeited lands therein mentioned, and of his bond given for performance
thereoff ; as allsoe of a report made by M' Attumey-G^nerall, to whom the
consideration thereof was referred, and uppon perusall of former orders and
reports made in the case, thinke fitt to declare that, allthough they are well
satisfyed with the D'* ingenuity and industry in managing the said worke suit-
able to his trust and undertaking (noe error or imperfection hitherto appearing
to them therein), yett, uppon the whole matter, doe not thinke fitt to release
his said security at present. Nevertheless, that there may bee some lymittation
of time, it is likewise held fitt, that in case the said D^ William Petty shall,
within the space of twelve moneths from and after the first day of October last,
correct and amend all such errors as are or shall bee made to appeare in his
worke, and that the said D' Petty doe deliver into the Surveyor-Greneralls
office the particular mapps, plotts, and bookes of references of all the lands by

Z 2 him

( 172 )

him admeasured, as mentioned in the articles of his agreement, itt is held
necessary and just that the said D'^ bee, at the expiration of the said twelve
moneths, to bee computed as afforesaid, discharged from his contract, and that
the bond which the said Doctor and his sureties have entered into for perfor-
mance thereof bee delivered up to bee cancelled. Dated at the Councill cham-
ber, in Dublyn, the 15** of Aprill, 1657.

Tho. Herbert, Gierke of the Councill.

TO HIS HIGHNESS THE LORD PROTECTORS COUNCILL FOR THE AFFAIRES OF

IRELAND.

The humble Petition and Remonstrance of D^ William Petty ^ being of the
Reasons why he ought forthwith to be discharged of his Contract for
Surveying^ and of the Bond given for Performance of the same.

Humbly sheweth,

That your petitioner (notwithstanding all manner of impediments, both de-
signed and accidentall, occasioned by reason of envy, emulation, competition,
and other prejudices, as allsoe through misunderstanding of agreements, the
excessive wettness of yeare 1655, the then vigorouse prosecution of transplan-
tation, the thinness of the garrisons in respect of guards, the temptations that
lay uppon the meersmen to abuse your petitioner, the irresolutions of the army
as to goeing into possession, the hindrances caused through the disbanding in
1655, and want of countenance from your Lordshipps to correct the abuses and
enormities of such as your petitioner imployed, with many other obstructions
too long to enumerate), did by the blessing of God performe all the surveyes
whatsoever by him undertaken, punctually within the time allowed him by
his contract.

2dly. That your petitioner hath been putt, contrary to and over and above
the intention and meaning of his articles, to performe the whole subdivision
by way of readmeasurement, according to a quota or proportion not pitcht
uppon untill his instruments were wholly returned from the ffield, whereby he
hath been forced generally to goe backe againe uppon much of the said lands
to subdivide them, in some places two yeares after the downe admeasurement
of the same, when the markes were wome out, the meersmen transplanted or
otherwise removed, when the surveyors who first admeasured them were some

of

( 173^ )

of them dead, and others dispersed or otherwise imployed. And that hee, your
petitioner, hath allways been ready to give satisfaction to the army, by furnish-
ing them with surveyors for that purpose, not only to particular regiments, but
allsoe to particular troopes and companyes, and even many times to particular
persons, att such times as they demanded the same, though in a stragling and
confused manner, and hath taken much paines in asisting them to regulate
their agreements concerning the said subdivisions. All which, hee humbly
conceiveth, he was noe way obliged unto, neither by the letter or equity of his
contract. And your petitioner further ofFereth, that whatever part of the said
subdivision may happen at this time to remaine undone, as the same is incon-
siderable in itselfe, soe it hath been caused only by the neglect of the persons
concerned, and not through any default of your petitioner, even allthough he
had been obliged to performe the same, which he humbly conceiveth, as afore-
said, he is not; and withall, that the not doeing the said remainders of sub-
division is not one penny profitt to your petitioner.

3dly. That your petitioner hath, for above thirteene months after the first
tender and exhibition of his worke as compleat and perfect, been under a per-
petuall examination and scrutiny, having been sometimes referred to committees
of the Councill, sometimes to officers of the army, sometimes to artists, some-
times to the Surveyor-Generall and such others as he did appoint, sometimes
to the auditors of the Exchequer, and oftentimes forward and backeward be-
tweene them ; and lastly to the Atturney-Generall, who, having not been con-
versant with the said business, hath most scrupulously repeated and reinquired
into all the former transactions and examinations, and hath, according to law
and equity, considered of the contract and all other proceedings betweene your
Lordshipps and the petitioner. Uppon all which your petitioner doeth hope
that, without any kind of further scruple or delay, he ought to be discharged
of the said contract and bond, according to the opinion and advice of the said
Attumey-Generall.

But, to the end that your Lordshipps may doe nothing in the case of your
petitioner without most intire and absolute satisfaction, and soe as may allsoe
make for the creditt and reputation of your petitioner in his discharge, hee
Amher humbly offereth to your Lordshipps the ensueing considerations and
reasons for the said discharge to bee forthwith given him, viz^*

I St. If your petitioner were not to bee discharged about the third of March

last.

( '74 )

last, which is twelve moneths after the first tender of his worke, and putting
the same into a way of examination, then there remaines noe other rule where
uppon to ground the time of his discharge ; for if your Lordshipps thinks fitt
to commence it from any one of the times of the three generall assignements of
lands, as either from September, 1655, or July, 1656, or November, 1656, then
according to the greatest assignment, which was that of 1655, your petitioner
ought long since to have been discharged; or if in July, 1656, which may bee
considered as the meane beetweene two extreames, then he ought to be dis-
charged in July next. But if your Lordshipps should make the latter distribu-
tion, vizS that of November, to bee the rule of the whole, then, uppon the same
account, your petitioner may be obliged twelve moneths even after the strag-
gling debenturers yett unsatisfyed shall have lands assigned for their satisfaction,
the time whereof is wholly uncertaine and undetermined, neither have all the
debenturers yett to be satisfyed as yett appeared, whereby the time of your
petitioners discharge would become wholly indefinite and impossible. Nor
doth any of those three rules agree with the letter, or equity, or meaning of the
contract, neither of them being grounded either uppon subdivisions literally or
uppon possession legally understood, but uppon the time of the bare unvouched
and alterable assignements only, which your petitioner had noe power as a sur-
veyor to hasten or hinder, having been, as a surveyor, ready for the whole
sixmonths before the first was made.

2dly. If your Lordshipps shall thinke fitt to commence the twelvemoneths
of aprobation from the time the comissioners received their commission for
setting out of landsy the i"* whereof was the twentieth of May, the last the 7^
of July, that computation dependeth only uppon discretion allsoe, having noe
ground in the contract. Neither is it reasonable your petitioner should alone
bee put to bear the inconveniences of the backwardness of the commissioners
for stating accompts, in making up the great books of the debt, or uppon the
variouse disputes that have happened among the officers of the army about the
manner of distributions which hate been prosecuted by them, each for their
owne particular interest; nor of the oversights, mistakes, and ignorance of all
such as have had any way to doe in this business, which manifestly would be,
in case your petitioners twelve moneths of approbation should bee from the
date of those commissions, which were not granted imtill all those disputes and
preparations (wherein your petitioner had nothing to doe) were first brought

to

( 175 )

to a period. Wherefore your petitioner humbly conceiveth that, rationally,
and according to the contract, the said time of probation ought to begin wholly
from the time when the whole undertaking was exposed and offered to exami-
nation, which, as it hath been managed by your Lordshipps, the ofEcers, Sur-
Teyor-Grenerall, auditors, the Attumey-Generall, &c., within doores, soe it
might have been alsoe collaterally carried in the field by the five generall trus-
tees of the army, constituted in May, 1655, who had authority and instructions
from the army to make inspection into all such matters, and uppon whome
your petitioner hath seyarall times called uppon for that purpose, vizS that they
would bring him licence from the Surveyor-Grenerall to shew them any of his
retomes, that soe they might examine the same, which they having not done
ought not to lye as a burthen uppon your petitioner only.

3dly. If the time of legall possession, as the meaning of 19^ article, be in-
sisted uppon, allthough it bee wholly out of your petitioners power to further
or hinder the same, it being wholly in your Lordshipps, whose hands and
seales only can make it, and in the partyes concerned to take it, your petitioner
offers that it seemes more rationall that the word possession be interpreted to
oonunence from the time when your Lordshipps, by your orders of the 20^^ and
24^ of July, 1655, did assigne over into the hands of the afforesaid generall
trustees all the forfeited lands applicable to their satisfaction, allowing them the
rents and profitts of the same, according to which computation the time of your
petitioners discharge is long since expired.

Soe that, according to the most genuine and most proper interpretations,
your petitioner ought to have been discharged in March last; and according
to many other of the more probable and discretionary interpretations, he ought
to have been discharged long since ; and that only, according to one interpre-
tation only, which hath noe ground either in the contract or in the nature of
the thing itselfe, his said discharge may bee deferred till about November next.
He humbly hopeth that your Lordshipps will be rather guided by tliose inter-
pretations which are most clear and numerouse, and which the Attumey-Gene-
rall, your Lordshipps councill, hath, on the behalfe of the Commonwealth,
allowed of, then by that one construction which is the most defective of all
others.

Moreover, your petitioner humbly conceiveth that matters of ambiguity
oughty in honour and conscience, to be interpreted to his advantage, having

been

( »76 )

been for these two yeares allwayes patient under the frequent irregularities
and disorderly impositions of the army, and the exigence of publicke affaires,
whereby your petitioners contract hath been often violated ; whilst your peti-
tioner, in the first of all the afforementioned difficultyes and intricases, hath
not failed in a punctilio, and hath given far greater testimony of his perfor-
mance then was ever heard of or mentioned in former undertakings of this
nature ; and hath managed the whole business, both of the survey and setting
out lands, in a manner alone, without any just complaint or imputation: all
exasperated and discontented persons, whether souldiers or surveyors, having
not been able to make good any charge, neither against your petitioners per-
sonall actings, nor even against all that unruly multitude of instruments which
he hath been forced to imploy.

Soe that your petitioner, having behaved himselfe us aforesaid, and conse-
quently, as he humbly conceiveth, having in some measure deserved favour
and indulgence, if not connivance at the lessor sort of ffailings, humbly desireth
that he may at least have justice; and that the rumors of his gaine, which will
not prove, all engagements cleared, above a third part what is noised abroad,
may not incline your Lordshipps to unnecessary severity and strictness against
him. To which purpose he humbly desires your Lordshipps to remember,
that after his contract was signed and sealed, he offered to performe the same
for one thousand pounds absolute reward ; but was held to his contract by your
Lordshipps, noe man being found at that time who, otherwise then in boasting
and bravadoes, durst undertake this worke uppon cheaper terms. And your
petitioner assureth your Lordshipps that, notwithstanding, by the great mercy
of God, he hath run through his whole engagement ; yet his advantage therby
will not be more then many officers of the army have gotten in a moment, by
the bare advantage of a lott, without any trouble or hazard whatsoever.

4thly. The discharge your petitioner desireth neither is nor can be any
prejudice to your Lordshipps ; ffor —

ist. In the first distributions in 1655, which is about nineteene moneths
since; nor that of July, which is nine moneths since; nor in that last made in
November, five moneths since, hath there appeared above three complaints, nor
those satisfactorily proved, notwithstanding readmeasurements have been gene-
rally made since uppon all the lands att those three times distributed. From
whence your Lordshipps may rationally collect, that there are not likely to

appeare

( 177 )

appeare in any for ever hereafter; besides, one moneths time is enough for
any examination of each mans particular lott, and att the last distribution in
December, those that then tooke out their lands had notice to make all the
exceptions they could against the survey, to the end that their orders of pos-
session might bee thereby unalterable, as may appeare under the hands of many
of the officers therein concerned. Neither will it bee safe for your Lordshipps
to sign letters of possession, untill the foundation thereof (which is the survey)
hath past its full examination and time of probation, which, if your Lordshipps
doe not thinke is compleated, and your petitioner fitt to bee discharged, then
the army must stay for their legall possession untill the same be soe compleated,
and your petitioner discharged.

2dly* Itt is not for your Lordshipps advantage even to bind your petitioner,
or to conceive yourselves obliged to take notice of such faults ; for your Lord-
shipps shall hear only of the want of measure, but never of what is over, com-
plaints of that kind having hitherto allwayes appeared to bee grounded uppon
mistakes in the mearers, or uppon the partiallity of the surveyors which the
complainants have employed. Now if your Lordshipps should condescend to
send downe a surveyor to review the said complaint, itt is likely that, whether
the same be right or wrong, the said surveyors, or his mearers, who possibly
are tenants to the land, shall be wrought uppon to abuse your Lordshipps
therein. Neither is it unjust in this case, where soe few faults have appeared,
and those soe inconsiderable and uncertainly proved, that such complaint should
be denyed to be repaired by your Lordshipps, since that parcell which hap-
pened to be a litle defective was given out by lott, and consequently might
have as much exceeded the content for which it was given.

3dly . The reparation of such defects ought to be made out of such overplus
as the complainant can find out, ffor then he that hath the overplus and hee
that complains of defects will be better checques uppon one anothers resurveyes
then any your Lordshipps can put over them.

Wherefore since your petitioner his being longer detained is neither advan-
tage to your Lordshipps or the army, he humbly desireth that he may not be
causlesly burthened therewith. It is not to save any charges for himselfe, nor
to withdraw himselfe from the rectiBcation of any thing that shall be amiss, that
your petitioner desireth this discharge ; ffor as he is bound for ever to the latter
by his creditt and reputation, which he hath noe way hitherto been prodigall

IRISH ABCH. see. 2 A of,

( '78 )

of, soe he hath others obliged unto himselfe for performance of the same ; neither
shall your petitioner be at a penny more charge whether faults bee amended or
not, hee being at a certainty with his imder workmen, as may appeare by their
severall contracts.

Soe that the reasons wherefore your petitioner, in respect of himselfe, de-
sireth this discharge, are these, viz^ :

I St. That he may give satisfaction to the world, who now exspect this dis-
charge, and unto whome he hath, by presumpton of his afforesaad right, pro-
mised it, and not render himselfe suspected of some secret miscarriage, for which
the same should be denyed unto him.

2dly. That he may bee free to dispose of himselfe, his relations, and estate,
which, beeing under bonds in the Exchequer, he is hindered to doe, the same
much impairing his creditt and reputation in the world.

3dly. That he may give unto such as have been faithfuU and industriouse
under him such rewards and gratuityes as he hath promised unto them uppon
his discharge, soe that such persons may not thinke your petitioner intends to
cheat and delude them thereoff, they being no wayes able to comprehend why
the discharge of your petitioner, and consequently their owne exspectations,
should bee thus retarded.

4thly. That the under surveyors who stand boimd to your petitioner may
not become, through this long delay, insolvent as to their respective engage-
ments, which they are likely to bee when they have received all their moneys,
as they shortly must doe by their contracts, in case your petitioners discharge
be deferred any long time after the time of their payment. But,

Lastly and cheifly, that your petitioner having given counter security to his
suretyes to deliver them up their bonds by a day now near at hand, may not
be exsposed to mine by want thereoff, and lye at their mercy, who may both
directly and indirectly much trouble your petitioner uppon the occasion of this
nonperformance.

Moreover your petitioner desires your Lordshipps to understand that your
petitioner beeing kept bound, especially, as he conceiveth, without cause, is not
thereby made the more fitt to doe your Lordshipps service, but in a manner
disabled thereunto, your petitioner being naturally unapt to act vigorously and
cheerefuUy when hee findeth himselfe incumbred with needless cloggs or Set-
ters, and exsposed to the hazard of contingent revolutions, and to be sacrificed

att

( 179 )

att the wills and lusts of such as have been exasperated, only to doe your Lord-
shipps service in a way of justice and uprightness.

Moreover, how can your Lordshipps exspect that your petitioner can act
cheerefully uppon his present most di£Scult commissions of setting out lands,
for which he hath noe knowledge what his reward shall bee, in case he findeth
himselfe soe out of favour with your Lordshipps, or his services soe litle valued
that he can not obtaine in reason and equity, and even according to the opinion
of the Attumey-Generall afforesaid, and all indifferent persons, doth belong unto
him, which is his present discharge.

If, notwithstanding all that have been said, itt appeare necessary, for any pri-
vate reasons best knowne to your Lordshipps, that your petitioner or others
ought to stand bound for a longer time, your petitioner propoundeth that hee
may have his present bonds, according to his right, to satisfye his suretyes, and
for the other ends afore mentioned ; and thereuppon he offereth to enter into
new bonds, and to give new security, according to the nature of the reasons for
which your Lordshipps doe desire the same ; and uppon this accompt he pro-
poundeth to stand bound for one year or three yeares, or seven yeares, nay, for
twenty yeares, as your Lordshipps shall thinke fitt, to make good all manner of
exceptions that shall happen concerning his survey within the same termes re-
spectively, provided that a reasonable premium or consideration may be given
him for his extraordinary insurance.

Or, lastly, if your petitioner may have his owne bonds forthwith, that soe
he may be free to dispose of himselfe and of his estate, and particularly for the
redemption of some mortgages, according to what your Lordshipps were pleased
to grant him uppon a late petition, hee will offer an exspedient how any com-
plaint which shall appeare within three or four moneths yett to come shall be
answered without any further trouble or charge to your Lordshipps. In June
following, when the army had been above six moneths in posession of their lands,
uppon a kind of essay and draught only, having noe authentique warrant or
order for their holdings, and when it was tould them that such warrants could
not be granted but uppon authentick surveys, remaining as publicke records in
the Court of Exchequer, whither it was not safe for D^ William Petty to send
them untill hee had his discharge concerning them, the army, being convinced
of the reasonableness thereoff, present the following petition :

2 A 2 TO

( i8o )

TO HIS HIGHKESS THE LORD PROTECTORS COUNCILL FOR THE AFFAIRES OF

IRELAND.

The humble Petition of the Oficere^ Agenia^ and others concerned in the

Lands sett forth for Satisfaction of the Army,
Sheweth,

That your petitioneTS, without certificats under two of your Lordshipps
hands and seales, exspressing the names and quantityes of the severall parcells
of land sett out unto them, can not by the Act of Parliament be in possession
thereofF, nor consequently legally set the same, nor sue or implead any who,
uppon frivolous pretence, shall keep them out of possession, or deny their rents.

That your Lordshipps cannot make the said certificate, as to the number of
acres contained in each parcell, without, even by your Lordshipps said act, allow-
ing D' Pettyes survey of the same ; nor can the Commissioners for setting out
lands give in any certificates as to the eaid contents untill the said D'^ Petty have
first vouched : the survey being the foundation of all the rest.

And lastly, the said D*" alleadgeth that he ought to receive his discharge
from his bonds and contract relating to the said survey, when he voucheth the
same as afforesaid ; which your petitioners allsoe thinking reasonable, doe humbly
desire your Lordshipps to grant unto him accordingly, provided that thereby
your petitioners be not excluded from such reprizalls, or just satisfaction, as is
due according to the acts and ordinances of Parliament.

Har. Waller. Rob. Barrow.

Cha. Coote. £^. Roberts.

Chudlbt Coot. James Stahdish.

Henrt Prittt. Ra. Kino.

Hen. Ingoldsbt. Stmon Ffinch.

Tho. Long. Ric. Stephens.

Hen. Jones. Geo. Wilton.

Jo. Read. Tho. Sheapheard.

W. Warden. Ja. Stopford.

Art. Purefot. Oliv. St. George.

Jo. Cambell. Geo. Ingoldsbt.

Absll Warren. Rob. Preston.

Alex.

( i8i )

Alex. Staples. Jo. Mansell.

W. Shaw. Jo. Ffreind.

Jon. Ponsonbt. Jo. Ffbanke.

Jo. Bennett. £dw. Warren.

Jo. Thompson. An. Yabdley.

Cha. Duke. Tobias Peaker.

Ja. Leigh. Ja. Russell.

Edw. Warrington.

By His Highness the Lord Protectors Councillfor the Affaires of Ireland.

The Gouncill taking into consideration a late petition presented unto this
board by the officers, agents, and others concerned in the lands sett forth for
satisfaction of the army, representing unto this board that without a certificate
under two of the Councells hands and scales, exspresseing the names and quan-
tities of the seyerall parcells sett out unto them, they can not legally be deemed
in possession, and that such certificates can not be made without allowing D^
Pettyes survey, nor can the commissioners for setting out lands to the army give
any certificate as to the contents untill the said D' have vouched the surveyes,
the same being the ground work to all the rest ; and the said D' alledging that,
before he vouched the same, he ought to have his bond and contract discharged,
and thereuppon praying that the same may be granted him, provided thereby
the petitioners bee not secluded from such reprizalls or just satisfaction as are
due by the Acts and ordinances of Parliament; and whereas the Surveyor-
Geneiall or his deputy is, by order of this board bearing date with these pre-
sents, required to receive and give certificat under either of their hands and
seales for receipt into the said Survey ors-Generalls office of the particular plotts,
and bookes of reference unto them belonging, of all the forfeited and other lands
admeasured by D^ William Petty within the barronyes and countyes mentioned
in the first of the articles made betweene him the said D*" Petty and the said Sur-
vey or-Generall on behalfe of the State, dated the ii^** of December, 1654; and
whereas the Gouncill have considered of a former order of this board, dated the
15^ of Aprill last, declaring that the Gouncill was well satisfyed with the said
D" ingenuity and industry in managing the worke of survey suitable to his trust
and undertaking, noe errour or imperfection then appearing to them therein ;

and

( I82 )

and likewise of the twelvth article of the agreement before mentioned, whereby
the said Doctor did covenant and engage to give in sufficient security for ffour
thousand pounds, by bond or otherwise, for the true and full performance of all
and every the said articles, which was accordingly done : it is uppon the whole
thought fitt, and hereby ordered, that uppon the said D" producing the certificat
before mentioned unto the Chancellour and Gheif Baron of His Highness Court
of Exchequer in Ireland, that then the said bond bee delivered up to the said
Doctor to bee cancelled, and for soe doeing this shall be a sufficient warrant.
Dated at the Councill chamber in Dublyn, the seaventeenth day of June, 1657.

Tho. Herbert, CUrhe of As CounciU.

By His Highness the Lord Protectors Councill for the Affaires of Irdand.

Ordered,

That the Surveyor-Generall or his deputy doe receive from D' William
Petty, and certifie under their hands and scales, their receipt into the Surveyor-
Generalls office of the particular plotts and bookes of reference unto them be-
longing, fairely engrossed, of all the forfeited and other lands by him admeasured
in the barronyes and countyes mentioned in the first of the articles made be-
tweene him, the said Doctor, and the said Surveyor-Grenerall on the behalfe of
the State, bearing date the 11^ of December, 1654. Dated at the Councill
chamber in Dublyn, the 17*'' of June, 1657.

Tho. Herbert, Gierke of the CoundUe.

In pursuance of an order of His Highness Councell for the affidres of Ireland,
dated the 15^ of June, 1657, commanding the Surveyor-Generall or his deputy
to receive from D*" William Petty, and to give certificat under either of their
hands and scales for receipt into the said Surveyor*Generalls office of the par-
ticular plotts and bookes of reference unto them belonging, fairely engrossed, of
all the forfeited and other lands by him admeasured in the barronyes and
countyes mentioned in the first of the articles made betweene him, the said D^
on the behalfe of the State, dated the eleventh of December, 1654, 1 doe hereby
certifie under my hand and scale to have received particular plotts, with bookes
of reference belonging to the said plotts respectively, fairly engrossed and bound
up, of all the forfeited lands, both profitable and unprofitable, within the bar-
ronyes

( 183 )

ronyes of the ten halfe countyes appointed by lott for the satisfaction of the
aneares of the officers and souldiers in Ireland, mentioned in the late Act for
satisfaction of the adventurers, officers, and souldiers, of the 26^ of September,
1653, ^^^ allsoe within any the countyes of Wexford, Wicklow, Kilkenny,
Kerrey, Longford, Cork, Kildare, Tyrone, London Derrey, and Donnegall, ap-
pointed as additionall satisfaction for the arreares of the said souldiers, as allsoe
the forfeited lands in the countyes of Dublyn, Catherlogh, and the then remain-
ing part of Corke, together with the crowne lands and lands heretofore belong-
ing to any archbishopp, bishopp, deane, deane and chapter, or any other officer
appertaining to the hierarchy, in the right of his or their office, which are lying
in any of the afforesaid barronyes and counties, being all the lands mentioned
in the said first article. In wittness whereof I have hereunto sett my hand and

seale, the 24^ of June, 1657.

Cha. Gouoh, Deputy Surveyor- Gener all,
Wittnesses to the signing, sealing,

and delivery hereoff,

W. Tebvis,

Geo. Bates.

All books, being with the respective mapps well drawne and adorned, being
fairly engrossed, bound up, indexed, and distinguished, were placed into a noble
repository of carved worke, and soe delivered into the Exchequer; and uppon a
motion made the 18^^ of December the Surveyor-Generall brought the contract
into the Councill, where the same was mutually delivered up and cancelled in
full Councill, and the following order made :

By the Lord Deputy and Councill.
Ordered,

That CoUonell Thomas Herbert, Clerke of the Councill, doe examine the

originall articles of agreement made betweene D^ William Petty and Bienjamin

Worsley, Esq., Stirveyor-Generall, on behalfe of the State, concerning the said

Doctors admeasurement of the forfeited lands assignable for the satisfaction of

the army, and this day, by order of the board, delivered up, with the entry

made in the Councills bookes ; and, finding the same right entered, he is there-

uppon to cancell the said articles, that the said D' may bee fully discharged

thereoff. Councill chamber, Dublyn, the 18*'' of December, 1657.

Tho. Herbert, Clerke of the Councill

CHAPTER

( i84 )

CHAPTER XIV.

THE survey being thus sett forth and described in itts beginning, proceed-
ing, and finishing, the next service and suffering of D*" Petty was in the
distribution and setting forth of the lands see by him admeasured, the which
therefore is next to bee described, at least soe farr forth as relates to this pur-
pose, for to doe the same perfectly would require a treatise by it selfe, which
probably may in due time allsoe be published.

In order to this description it is to bee noted, that in the year 1653 the
fforces then disbanded did receive their lands all at enhanced rates, yett soe
regulated as that all had, as neer as could be guessed, equall satisfaction, in soe
much that, to calculate the quota pars or proportion which they were satisfyed,
regard must be had to the whole party as one man, considering only what pro-
portion the Act rates of the whole land then sett forth beares to the enhanced
rates of the same, vizS whether f , f , f , &c., not saying that those in Lowth
have but halfe, and those of Longford have their whole, and the like.

The persons then disbanded, by vertue of the generall resolves of the army
made in November, 1653, claime right to a further satisfaction equall to the
rest of the army now henceforth to bee satisfyed, the doing whereoff is recom-
mended in the commission of the 1 7^^ of July hereafter inserted.

By His Highness the Lord Protectors CounciUfor the Affaires of Ireland.

Whereas, for the equall dividing and subdividing of the forfeited lands in
the barronyes within the moytie of the ten countyes appropriated to the officers
and souldiers within the provinces of Leinster, Munster, and Ullster, it is pro-
vided by Act of Parliament bearing date the 26^^ of September, 1653, intituled
An Act for the speedy and effectuall Satisfaction of the Adventurers for Lands
in Ireland, and of the Arreares due to the Souldiery there, and of other Publicke
Debts, and for the Encouragement of Protestants to plant and inhabit Ireland,
that the then comittee of Parliament, which power is sinc« devolved uppon
the Councill, or such as they shall appoint, are fully impowered and authorized
to distribute and sett forth unto the said officers and souldiers, answerable to

their

( i8s )

tKeir respectave arreares, their severall proportions of lands, by lott or mutuall
agreements, amongst the said officers and souldiers, in pursuance of the said
authority, and of the further power and trust committed unto us by his High-
ness the Lord Protector, itt is ordered and declared that Vincent Gookin,
William Petty, and Miles Symner, Esqrs., or any two or more of them, be
and they are hereby appointed commissioners for the equall distributing and
setting forth to the officei-s and souldiers all the afforesaid forfeited lands, in
satisfaction of the arreares due unto them for service in Ireland since the 6^ of
June, 1649, ^^^ ^^^ their English arreares due before the said 6^ of June, 1649.
According to the rules and directions given by the said Act, in the doeing of
which the said Vincent Gookin, William Petty, and Miles Symner, are to take
care and provide that due satisfaction bee from time to time had and made for
all just reprizalls that are or shall bee adjudged and ordered by the Councill, or
courts of justice, or such commissioners as by the said Councill are or shall bee
authorized thereunto ; as likewise for the answering the promise and engage-
ment made with the disbanded officers and souldiers, in 1653, ^7 *^® generall
councill of the army. And what the said Vincent Gookin, William Petty, and
Miles Symner, or any two or more of them, shall doe or act, in pursuance of
this commission, they are from time to time to certifie to this board, in writeing,
to the intent that such further proceedings may bee had thereuppon as shall
satisfie the ends of the said Act. Dated at the Councill chamber, the 7**^ of

July, 1656.

Tho. Herbert, Gierke of the Councill.

Itt is allsoe to bee noted, that the yett unsatisfyed part of the army, as by
their adress to the Councill of the 13*** of July, 1655, may appeare, would have
the said disbanded men looked uppon as sufficiently paid ; among other reasons,
for that they had their arreares for service before 1649 P^^^ ^^^^ them, which
themselves were not to have, which diffisrence is allsoe to bee noted.

The barronyes appointed to the said disbanded hapened to bee sett out in
snch an imperfect manner, and the trust thereoff soe far committed to the per-
sona concerned themselves, that noe particular accompt of what was then done
did ever appeare as a light to what was further to bee done.

There was another party, vizS about sixty troopes and companyes, satisfyed,
anno 1655, according to their full allowance, who left many scrapps and pieces

IRISH ARCH. SOC. 2 B of

( i86 )

of barronyes, the which were allsoe but imperfectly sett downe, though much
better then those aforementioned, because those of 1655 had the true contents
and scituations of each parcell before them for their directions, which those of
1653 had not.

The courts for adjudication of Protestants claimes, the proofe of Papists
constant good affection, and an authority for making compositions, as allsoe
commissioners for stating new debentures, were att this time all and every of
them acting respectively.

The six trustees of the army, authorized by an above mentioned commission,
dated the 20^ of May, 1656, consisting of three persons unconcerned in arreares,
and of three active agents (viz'), one for each province, were not able to com-
pose the differences arising amongst the officers, especially concerning the dis-
posure of Kerrey, insoemuch as the last mentioned commission, dated the 7'^ of
July, issueth to the three unconcerned persons only therein mentioned.

Now it foUowes from the premisses, that the said three commissioners were —

I St. To give equall and proportionable satisfaction to all the unsatisfyed part
of the army ; and that, according to the severall resolves and rates of generall
councills, vizS those of November, 1653, Aprill, 1654, and July, 1655, and ac-
cording to severall speciall orders of the Councill, and the severall provincial!,
particular, and subparticular agreements made betweene and relating to the
severall persons concerned respectively, the resolves of the two former of these
councills are extant in print, and the latter sett downe in the [IX.] chapter of
this treatise.

2dly. To dispose of the course lands of Kerrey in the most satisfactory way,
and not repugnant to the above mentioned resolves and particular agreement,
and withall to take care both for the preventing the necessity of reprizaUs, and
for making of exchanges in reparation, where such accidents required them ; and
lastly, to give satisfaction in all just complaints uppon shortness of measure,
improfitable land imposed as profitable.

This being the worke to bee done, itt followes next to be declared by what
generall operations the same was to bee effected, considering the ragged con-
dition that this affaire was in by reason of the preceeding irregular, imperfect,
and indeed obscure actings, anno 1653 and 1655, and of the other uncertainties
of debt and creditt, as allsoe of the clashing interests above mentioned, the
which generall operations were these following:

I St. Reducing

( '87 )

I St. Heducmg all the troopes and companjes of the army into such divi-
sions as they stood in anno 1654, when they cast their lotts, which an establish-
ment made since that time had disordered.

adly. In pitching such a quota para or proportion, wherein to satisfie the
said army, as might consist with the commissioners obligation as to the further
satisfaction of those disbanded anno 1653; and allsoe as to such reprizalls as
might happen on past or future satisfaction.

3dly. In associating debentures duely, that is, in placing such and such
together as might best answer the rules of the afforementioned Councill, Aprill,
16549 with such few exceptions as invincible necessity required; as allsoe in
making out lands for the grand divisions, especially those of Munster, with due
reaeryations, as above required.

To hia Highness the Lord Protectors CoundUfor the Affaires of Ireland.

May it please your Lordshipps :

Whereas there are dayly applications to us, by severall persons who pretend
a desire to plant, if they might be accommodated by a proportion of land con-
venient thereunto, by joyning of severall small debentures together, though of
severall regiments, which thing wee are doubtfuU wee have noe power to doe,
by reason of some resolves formerly made by the generall councill ; yett in
regard the doeing of the same will not tend to the damage of any person or
lott, but would much tend to the preservation of many poor people from ruine,
whose whole estates is therein concerned, and allsoe to the planting of Ireland,
wee humbly conceive it were a worke of charity and publicke advantage for
your Lordshipps to give a rule herein ; all which wee humbly submitt, &c.
Dated at the Castle of Dublyn, the 25*** of June, 1656.

Signed in the name and by order of the commissioners.

An. Moboan.

4thly. In ascertaining what lands were disposeable, in pursuance of all Acts
of Parliament, and of the ensueing order of the Councill, as allsoe of the practise
of the proceeding yeare, 1655, ^^^ right reason, with the rules of distinguish-
ing and neating the said disposeable land from such as were not; moreover,
in the deriving of warrant for every thing that was done therein from the most
authentique ground extant, as allsoe in executing the said business by meanes

262 not

( 188 )

not lyeable to any deceit or injury ; and lastly, in the manner of disposing
afterwards the lands then withdrawne as indisposeable.

By the Lord Deputy and CounciU.

Whereas a doubt hath been propounded by the Surveyor-Grenerall, con-
cerning the giving possession of severall lands admeasured and returned, both
in the barronyes belonging to the adventurers and souldiers, by reason that
some are, by orders from this board, suspended from being disposed or sett out
to any untill further pleasure ; by reason allsoe that others, allthough decreed
away by the court for adjudicature of claimes, are only mentioned at large in
the county, without specifying the barrony where the said lands doe lye : uppon
consideration had thereoff, as likewise that titles for many lands are still de-
pending before the courts of his Highness Exchequer, itt is held adviseable by
the said CounciU, and accordingly ordered, that in all such barronyes, whether
belonging to the adventurers or souldiers, where the said Surveyor-Generall
shall find any lands doubtfuU or incumbred as afforesaid, and shall have noe
sufficient ground before him whereby to judge whether the said lands bee cer-
tainly forfeited or not, the said Surveyor-Generall, for the better preventing of
all disorders and inconveniencies that might otherwise happen, both to proprie-
tors and to the said adventurers and souldiers, is in all such cases required and
authorized to respit the said lands from beeing disposed of, whereof both the
said Surveyor-Generall and all others concerned are to take notice. Dublyn
Castle, 17*'' of January, 1655.

Tho. Hbrbbrt, Gierke of the CouncUL

5thly. In bringing all the said disposeable lands into such files of contiguity
or strings of succession as might render the armyes former proceedings a true
and genuine lottery indeed, which tis certaine was never soe before.

6thly. In setting rates uppon the lands soe ranged into strings, in order
whereunto was the following resolve made about odd roots and perches :

The 24^ of July, 1656.

M^. The officers of the army, having mett, agreed that all advancements and
abatements made uppon the rates of lands, over and above the Act rates, be made
by even groates, for the more easie and just casting up of debentures, vizS by

adding

( »89 )

adding 16^ 13* 4*, or 33" 6* 8^ to the respective fifty pounds whereof the equa-
lized rates doe consist. That proportions of lands, consisting of odd roods and
perchesy bee esteemed for whole or halfe acres.

6thly. In the due placing of loose debentures, viz^ such as were not brought
in bj the agents with the body of the debentures belonging to each troop or
company.

8thly. In disposing and managing of lottery it selfe, and the manner of
giving of the agents satisfaction, that the said association of debentures, neating,
stringing, and rating of the respective lands, as allsoe the casting of lotts, was
well and uprightly managed, as by the following order may appeare :

By the Ccmimiadonera for setting forth Lands to the Army,

The agents of the westeme division of Leinster, in order to an examination
of what had been done and propounded by the said Commissioners, concerning
the truth of the order of the succession of their barronies, and of the injury they
conceive they have received from the said Commissioners, touching the rating
of the said barronies, doe desire the neat content of every ban*ony supposed to
be within their lott, and allsoe the debt of every regiment, troope, and com-
pany comprehended within the same, itt is ordered that the neat bookes of the
said lands, with the mapps of each of the barronyes, the booke of the doubtfull
lands within the limitts of their security, together with the lists of the said debt,
and of the affixed loose debentures of each regiment respectively, to bee deli-
vered into the particular care and charge of Captain Edward Warren, whom
Thomas Taylor is to attend uppon the said examinations ; and that the severall
books and papers above mentioned bee delivered to the said Captain with all
speed. Dated the &^ of December, 1656.

M**. This order was entered into the Commissioners booke at the request of
the above mentioned agents, and executed accordingly.

9thly. In the manner of repairing shortness of measure and damageable mis-
takes as to the quality, when any man complained his land wanted measure, ffor
as much as it was not easie to know whether there was such a fault or noe, nor
whether the same was in the mearesmen or measurers ; moreover itt was hard
to send forth such a new measurer as might not either bee abused by such
meeresmen as might be putt uppon him, or tempted by the party complaining,
the State having noe security on their parts ; and lastly, flforasmuch as it was

easily

( ipo )

easily conceived that, as there might bee faults of shortness, soe there might bee
others of the contrary kind, of which the State should never heare ; itt was there-
fore thought fitt to give the complainant leave to admeasure any mauB allott-
ment, within a certaine scope, where he suspected an overplus, the which if he
thought he had found, he was then to goe to the owner of that overplus, and
with him to agree uppon some such surveyor whome they could both trust, the
which might measure both the supposed overplus of the one, and the supposed
defect of the other; itt being ordered that, in case the said indifferent surveyor
did find but the overplus and the defect complained of to bee reall, that repa-
ration should be made the one out of the other.

In the like manner, as to unprofitable lands, if, for example, in a parcell of
five hundred acres, whereof but one hundred acres was returned unprofitable,
complaint was made that there was really two hundred acres such, and per-
happs one hundred acres more of very course land, and such as can but barely
bee accompted profitable, itt was thought fit, in this case, to suspend the one
himdred acres in dispute, and to give the party complaining one hundred acres
for it, as the worst of his profitable was, not admitting him to a new lott or pos-
sibility to have, instead of his one hundred acres of disputable, another one
hundred acres better than the very best of his whole allottment.

lothly. In making out exchanges and reprizalls, according to the great va-
riety of cases hapening thereuppon.

xithly. In preventing the collusion and abuses offered to the State uppon
these occasions.

lathly. In answering the Councill's speciall orders, as to the dispose of
scraps and remnants, and of the variouse considerations which the said Council}
had in the liberty they then used, and when they conceived any fiirther lottery
was as well prejudicial! as impracticable.

All which severall operations, with the appurtenances unto them, were, after
the body of the army was accordingly satisfyed, presented to the Councill, as a
kind of an accompt of that affaire, and in order to receive their further direc-
tions thereuppon in the following paper:

TO

( '9» )

TO HIS HIGHHE8S THE LORD PR0TBCT0R8 COUNGILL FOR THE AFFAIRES OF

IRELAKB.

The Accompt of all ProceedingB rdateing to the setting forth Lands for
Satisfaction oftheArmyes Arreares may bee comprehended under the
following Particulars^ vi2f:

A narrative of all orders which have been issued from the Councill to com-
mittees, the proceedings of severall assemblies of the officers of the army and
regimentall agents, and particularly those of November, 1653, and Aprill, 1654,
with the severall disbandings which have been made in the yeares 1653 and 1655,
and the severall conditions allowed them, as alkoe of the severall survey es and
other representations of the debt and creditt of the army, which have, from time
to time been made, from the beginning untill the first commission of the trus-
tees in May last

adly. Of the manner and motives of granting the said commission, with a
report and narrative of all proceedings thereuppon, viz^ untill another the pre-
sent commission gave a supersedeas to the former.

[3rdly.] Of our procedings uppon your present commission uppon the pro-
vinciall divisions of the whole land, and unto the first subdivisions thereoff,
dividing the whole into six grand lotts, according to the method of the generall
Councill of Aprill, 1654, which is just soe farr as was proceeded on the first
commission, though in a different way.

4thly. Of the severall differences betweene both the said proceedings and
of the reasons thereoff.

5thly. Of our proceedings to a further subdivision of the province of Mun-
ster, from three grand lotts downe to troopes and companies, and other small
proportions occasionally hapening ; the accompt whereof will consist of two
generall members, viz^ that of the debt or debentures, and that of the creditt or
lands.

The accoippt of the debt will bee in setting forth:

i8t. That there appeared many and variouse cases and qualifications of de-
bentures, ariseing from the manner of their service, as before or since 1649, ^^
England or Ireland, the time of the disbanding, either in 1653 on 65 5, by gene-
rall or particular orders, as allsoe the time of taking out the said debentures, the

time

( 19* )

time and manner of presenting them to satisfaction, either by agents or them-
selves, with their qualifications, as belonging to widows or orphans ; counterfeit
debentures ; second debentures, in lieu of the first lost or mislaid ; and, lastly,
the severall rules sett downe by the generall Councill for affixing of loose de-
bentures to certaine places for satisfaction, and joining into one lott many deben-
tures properly belonging to several lotts, with the courses and rules wee have
followed to satisfie each, according to their respective rights, or as neer as might
be, with the reasons of the few deviations which have happened.

2dly. In setting forth how wee came to pitch uppon the quota or proportion
of f , by computing the whole originall debt, by stating the severall payments,
which have formerly beene made, by distinguishing the payments for service
before 1649 from that of since 1649, ^7 computing the debt of each regiment
as itt stood in the Commissioners for stating of Accompts their books, and in
the lists sent up by the respective agents, as allsoe in the estimate whereuppon
the lotts were cast, anno 1654, and, as the result of all, by pitching uppon what
wee judged nearest the truth, with the considerations of unstated debentures
and English arrcarcs ; and by comparing the debt soe found by the content of
the lands, both cleare and doubtfuU promiscuously, as they were returned uppon
the survey, and given in charge to bee admeasured.

3dly. In declaring how wee provided lands to compleat the satisfaction of
such as were disbanded in 1653, viz\ how wee found out the proportion and
quantity thereof; why wee appointed that supplement to be made out of Mun-
ster; and why, in Munster, out of Kerrey; and in Kerrey, why out of the
course barronyes thereoff, lying together ; with the reason of the rates which
wee sett uppon them.

The accompt of the creditt lyes much in shewing —

ist. How wee made provision against reprizalls arising firom the dubiouse
title of any of the lands returned, or any kind of incumbrances or charge uppon
them, which wee did by making of neat bookes, under severall columes, of dis-
tinguishment of the cleare from the incumbred ; and particularly, why we have
sett out the barony of Carey, untill further order bee given therein.

2dly. How wee have provided for reprizalls for land which shall bee found
unprofitable, with some rules and cautions concerning such reprizalls.

3dly. How wee have concluded uppon the reprizalls which may be claimed
uppon pretended want of measure, with some provisoes allsoe thereuppon.

4thly. What

( 193 )

4thlj. What provision need bee made for reprizing of small parcells of
Protestant land, church land, and undistinguished for want of meares.

[5thly]. And lastly, how a generall provision for all the said cases may bee
made out of dubiouse lands withheld from disposure.

The accompt of this whole affaire consists allsoe in shewing how,

6thly . In setting out the f aforesaid to the three Munster lotts, wee repaired
and pieced up the defects in each of their originall securityes, out of Kerrey,
and in what proportions ; how and by what rule wee equalized and pitched
the rates ; what exspedient wee used, by consent of the officers, for speedy and
easy calculation ; how wee followed the lotts and mutuall agreements of the
pardes concerned ; how wee have determined in what precise spott even the
smallest debenture is to bee satisfy ed, by certaine lists of contiguities, both run-
ning parralell to each other, both as to the parcells of lands and debentures
likewise.

7thly. In the particular accompt of the present and former distribution and
rating of the severall barronyes and parishes in Kerrey, with digression to some
proceedings at the last disbanding.

8thly. How wee answered the particular orders of references comming from
the Councill; what accompts wee kept of reprizalls, resumptions, resignations,
and the security wee tooke against fraudulent practizes incident on these occa-
sions; and how wee decided all matters of indifferency by lott only.

pthly. Of the reasons why f can not soe well bee satisfyed in Leinster and
mister as in Munster; how much, or in what quota or proportion wee may
satisfie there ; how wee may compleate itt to f , with the consequences thereoff.

Considerations concerning the quota, viz^ of adheering to the f or striking
it downe, with the manner thereoff, which arise from an estimate of debentures
yet abroad, and lands withheld from disposure as dubiouse, with the small
remnant of lands lyeing in the severall places and intervalls.

lothly. The accompt of this whole worke will allsoe lye

In the severall bookes, tables, and accompts which wee have made and fitted
up since our present comission, received about the lo^^ of July last, according
to the ensueing lists of them, viz^:

1st. Besides the originall bookes of survey, which have been severall times

turned over, there hath been made by us certaine neat books, as large and

voluminous as the said books of surveyes, containing the number of reference,

IEI8H ABCH. 80C. 2 C proprietors

( 194 )

proprietors names, lands names, number of acres profitable and unprofitable,
each in a distinct and proper colume ; together with the columes for decrees
of the court of claimes, private grants, orders of suspensions, doubts ofthecivill
surveys, former disposurers, with the respective rates of each land, and to whome
disposed; and lastly, a colume of such lands as wee judge absolutely cleare and
fitt to bee sett forth.

2dly. Wee are compleating the bookes of all the debentures that ever were
stated till the eighteenth of December, 1655, by examining by them every
debenture wee admitt to satisfaction ; as allsoe all the debentures formerly satis-
fyed in the yeares 1653 ^^^ '^55' ^ ^® ^^^ none are conterfeit, or twice
satisfied, or mistaken.

3dly. Wee have reviewed the books and retumes of all satbfaction made
in the said yeares of 1653 and 1655 ; have examined them with the foremen-
tioned grand books of debt and creditt, and have made abstracts of them, and
viewed many of the debentures themselves.

4thly . Wee have particular bookes of all lands whereuppon any decree hath
past out of any court, with notes referring to the colume thereoff in the grand
neat bookes.

5thly. The like booke and references for suspensions.

6thly. The like for private grants.

7thly. The like for lands doubtfuU by the civill survey.

8thly. The like for such lands as were never given to bee admeasured,
wherein it is, nevertheless, likely that the State hath some interest more or less.

pthly. Wee have made particular collections of all private admeasurements,
besides the generall performed by D' Petty.

lothly. Distinct bookes of all the neat land by themselves, filed into lists
of contiguitie, and standing in the same order wherein they must bee sett
forth.

iithly. Large bookes of all debentures admitted to satis&ction, reduced
into particular lists, and standing in the same order wherein they must bee
satisfyed.

i2thly. A large booke of all loose debentures received by ourselves, and
afterwards applyed to their proper places of satisfaction.

i3thly. A booke of all reprizalls and resumptions which have been made
during our employment.

All

( 195 )

All which wee hope will containe a compleat and regular accompt of
this great affaire.

The ezsplanations of which papers and the aforementioned operations would
require a treatise of itselfe, as afforesaid.

Now when the province of Munster was satisfyed, according to the above
contrivances, there happened in the time of performing that business to be soe
many new debentures stated, soe many claimes allowed, &c., as endangered the
making good of the quota of f unto the Leinster and Ullster forces, which had
been given to those of Munster; the which, with other accidents, caused the
following queries to bee presented by the commissioners to the Councill.

Queries humbly offered to his Highness CouncUL

Whether wee shall proceed any further without the agents, viz\ as to the
quota, as to determine whether it shall be strucke downe frome f to §, or lower ;
and whether wee shall admitt of more debentures.

adly. If that f bee mantained, how to peice up the defects of Leinster and
Ullster, whose lands can not bee extended beyond two-thirds, even without con-
sideration of absent debentures ; and how to provide for reprizalls, in case what
wee intend for that use bee applyed to maintaine the f .

jdly. To consider what stress is to be layd on Lowth, the surplusage of the
adventurers; as allsoe on the dubiouse lands yett reserved, and how to dispose
of those dubiouse lands to the best advantage of the army.

4thly. In case wee strike downe the quota, how to make retrenchments
from those who have allready ^ assigned them.

5thly. What shall be done with the barrony of Gary.

6thly. How the inhancements made last year on the rates of lands shall bee
now applyd.

7thly. How agreements formerly made with the agents uppon wide esti-
mate shall bee now put in practice, and interpreted or declined, if impracticable ;
and what to doe in omitted and overseen cases.

8thly. Whether to give out absolute orders of possession, before some con-
venient time has been given for all to complaine, if any seeming wrong by our
proceedings has been done unto them.

pthly. About compleating the satisfaction of Major King and Major Ormsby,
in Kerrey.

2 C2 lothly. About

( »96 )

lotUy. About casting lott for priority in case the agents bee not sent for.

1 ithly. Whether the orders of possession shall be given with condition re-
lating to the satisfaction of such debentures as are not yet come in.

Unto which queries noe written answer was returned, but the commissioners
referred to the agents of the army, who had leave to come up to Dublyn for that
purpose, where being mett they made the following resolve, and had the coppy
of all the dubiouse, incumbred, and withdrawne lands, at the same time de-
livered into their hands, with notes or marks referring to other books, shewing
the reasons why each particular parcell respectively was withheld from their
first distribution.

Att a Committee of Agents tlie 6*^ of November, 1656.

That the agents of Leinster and UUster doe agree to proceed to a lott for
their satisfaction to morrow, att one of the clocke in the afternoon, according
to such a quota as the neat lands of Leinster and Ullster will extend unto, and
to accept of such of the dubiouse and concealed lands in the said provinces as
will make up their satisfaction equall with the Munster lotts, to be taken att
the same rates that neat lands in the said places shall bee sett out at ; provided
it bee left to the choice of the said agents, or any other authorized by the said
divisions, either to prosecute the States title if they see cause, or otherwise to
make application to authority for other satisfaction.

Cha. Coot. Rob. Phatbe.

Dan. Abbott. Pet. Wallis.

Ffba. Gobe. Jos. Deake.

A. Wabben. E^. Wabben.

Tho. Babbington. Jo. Galland.

Rob. Pbeston. H. Hubd.

According to this agreement the said fforces received satisfaction at 12* 3**

in the pound, and many of the agents assented unto the following rules in order

to perfect the works, severall of them indeed dissenting, as apprehending am-

buscadoes wrapt up in them.

Rules

( 197 )

Rules and AgreementB eancerrdng the present Proceedings of Setting out
Lands to the Armg^ assented unto by us the respective Agents ofihese-
verall Regiments thereoff.

I St. That wee receive the proportion of lands according to the quota pars of
1 2* 3** in the pound, in part of satisfaction due unto each regiment, together
with the loose debentures, as they have been thereunto affixed by the Com-
missioners for setting out lands, contained in a list or ffile of contiguitie, speci-
fying the content of each towne land and part of towne lands within the said
r^mentall lott, and that wee doe allsoe receive therewith lists of the deben-
tures belonging or affixed unto each troope and company within the said lott.

2dly. That the Commissioners bee desired, according unto the said list of
each troope and companys debentures, to distribute the lands of the said regi-
mentall lotts according to their owne rules and judgements, and the same to
seale up and send unto us by or before the 21^ day of Ffebruary, to bee then
in force, and conclusive to the severall persons concerned therein, unless wee
shall before the said day make and conclude some other agreement authenti-
cally among ourselves, equivalent unto the said distribution of the said Commis-
sioners.

3dly. That wee shall soon after the said day retume unto the said Commis-
sioners, either our assent unto the distributions by them propounded and sent
unto us, or else some other authentically agreed by our selves, together with
what exceptions wee find touching anything relating to our lott, as allsoe our
directions for the subdividing or cutting of any parcells within our lott, to the
end that such agreement may then bee concluded uppon, and such orders of pos-
session accordingly may bee given forth unto us, as shall bee then thought fitt.

4thly. That» together with the receiving of our said orders of possession in
manner aforesaid, wee doe deliver up our debentures, or some other equivalent
satisfaction or acknowledgement for such lands as wee shall receive in part satis-
faction of them, as shall bee thought most convenient and fitt, and for which
we shall in the meanetime adress our selves to the Councill for the declaration of
their pleasure touching this matter.

5thly. That the Councill bee desired to command the Commissioners, after
such orders of possession given, to receive any complaint or desire of reprizall of

any

( 198 )

any kind whatsoever, and to hear and consider of such reasons as shall bee offered
thereuppon, but not actually to order or dispose of any thing therein, as to the
giving away of any land uppon this accompt, untill the survey of the adventu-
rers lands, and of the lands sett forth to the disbanded in 1653, with the county
of Lowth, bee returned, to the end that noe private negotiations may hinder
that right, which shall then, uppon the levelling and evening the accompt of all
parties concerned, appeare to belong unto each man respectively. Dated this
eighth day of December, 1656.

Rob. Phatbe. Jo. Nelsost.

Dan. Abbott. W^. Meredith.

Hen. Johnson.

About six weeks being elapsed, the Commissioners for setting out lands
present the following adresse to the Councill, together with the above incerted
breife of their proceedings, viz^*

To His Highnesae the Lord Protectors Councill ffor the Affaires of Ireland.

May it please your Lordshipps,

Having sett out lands unto every troope and company of the army, allovnng
unto some their full arreares, unto others 14* 3** in the pound, whereoff about
2' 4*^ is to bee satisfyed in Kerrey, and unto others but 12' 3*^, who are to take
2" more out of lands of dubiouse and incumbered titles, wee now make this our
humble adresse unto your Lordshipps, for directions uppon the three following
generall heads :

I St. About preference in the disposure of the few remaining lands.
2dly . About the manner of setting out the dubiouse lands afforemen-

tioned.
3dly. About the time and manner of giving letteis of possession, and
receiving in debentures for the same.

As to the first, viz^, preference in the disposall of the remaining lands, wee
humbly offer to your Lordshipps that the satisfactions yet to bee made are of
the many severall kinds following, viz^ :

ist. Of such debentures as have as yett never been presented.
2dly. Such as, having received common satisfaction, doe demand, over

and

( 199 )

and above the same, their full, by vertue of severall orders made by
your Lordshipps about the disbanding in the year 1655.

3dly. Such as, being disbanded in 1653, were not then satisfyed, or at
least not their arreares for before 1649, ^bich have been but lately
stated.

4thly. Such as were disbanded in 1653, have since been putt out of their
lands by decrees, &c.

5thly. Such as, having had full satisfaction in the yeare 1655, are now
putt out of their lotts uppon the like grounds, or out of part thereoff.

6thly. Such as are in likemanner disturbed out of what hath been as-
signed them this present yeare.

7thly. Such as have received short of their due proportions by acciden*
tall mistakes in the rates, or in misreckoning, &c.

8thly . Such as pretend to have received unprofitable lands for profitable.

pthly. Such as may happen to pretend shortness of measure.

lothly. Widowes and orphants.

Soe that wee humbly desire to receive your Lordshipps pleasure in what
order of preference, as to releife and satisfaction, the said severall cases shall bee
putty there being not now neer lands enough left to satisfie all that appeares,
much less all that may ; and consequently, which cases your Lordshipps thinks
fitt to bee putt of for satisfaction, untill the surplusage of the adventurers pro-
portions, and the contents of the county of Lowth, can bee knowne, and untill
it shall bee possible to make a just accompt with such as received lands in the
yeare 1653. And withall that your Lordshipps will now take into considera-
tion what cases are properly reprizable in Eildare, and to provide for the valua-
tion of incumbrances, according to the ordinance in that behalfe, and in what
manner to sett out lands in that county.

As to the second generall head, viz^, the disposure of dubiouse lands,
wee humbly acquaint your Lordshipps —
That the value of the said dubiouse lands appeares to be very variouse, not
only in the common considerations of the province wherein they lye, their soyle,
comodities, &c., but allsoe in this speciall respect of the nature of the incum-
brances, and of the severall uncertainties in and about the title of them.

2dly. That some of the army are more able and active to discover and pro-
secute

( 200 )

secute the severall frauds, collusions, and obscurities concerning these titles,
then others.

3dly. That the said dubiouse lands doe, in matter of their scituation, lye
perhapps very conveniently to some who, nevertheless, are not likely to make
much advantage of them, by reason of their inability to discover and prosecute,
as afforesaid.

4thly. That the quantity of these lands is very unequall and dispropor-
tionable, either unto the grand divisions, or unto the barrony, or unto the regi-
mentall or other lotts whereunto they adjoine and belong ; and that there will
arise much controversy about the affixing and appropriating of them, either
unto barronyes or lotts, as allsoe in making up equall satisfaction out of such
unequall proportions.

5thly. That there hath often been offered discoveries of such lands as are
suspected to bee forfeited, which never yet came under the cognizance of any
of your Lordshipps ministers ; soe that, uppon the whole matter, wee humbly
submitt to your Lordshipps pleasures —

I St. Whether the said lands (whether they [bee] more or less incumbred)
shall bee all sett out at the same rate, vizS at the rate that other clear lands are.

And soe whether the whole of them shall bee filed upp into strings of co]^-
tiguitie, and lotts cast for them, as hath been done in other cases.

Or whether the 7' ^^ remaining shall bee divided into three or more gales ;
and soe the more encumbred any lands is, that it bee bought with the latter
gales of payment.

Or, if they may bee sett out at unequall rates, whether there shall bee a free
and open boxing for them, indifferently, as whereby one that has received his
cleer satisfaction in Munster may box for the dubiouse lands of Ullster.

And wee desire to receive directions whether, having once received the
said land, the receivers of them, miscarreing in their suites, shall be admitted
to a possibility of being reprized.

And what preference shall bee given to discoverers of land never yet under
cognizance ; as whether they shall have the satisfaction of any debt, reprizaU,
&c., due unto them out of such lands as they shall soe discover; and what
caution, by bond or otherwise, is to be used, that, by such encouragements,
proprietors of unforfeited lands bee not causelesly molested in their posses-
sions.

As

( aoi )

As to the last head, concerning orders of possession, wee humbly offer
that, in our poor opinions, none under your Lordshipps can by the
Act give out certificats whereby the souldier shall bee deemed to bee
in actuall or legall possession.

Wherefore wee humbly desire your Lordshipps to direct us a forme whereby
wee shall certifie to your Lordshipps in order thereunto.

adly. Wee humbly offer to your Lordshipps consideration that, by reason
of the mistakes which wee have observed in some of the distributions made
anno 1655, that the certificats given by those Commissioners bee compared by
the now wholly perfected and examined survey, before your Lordshipps give
them their finall orders of possession.

3dly. What security shall bee left unto the army for the unsatisfyed part of
their debentures, as whether the debenture it selfe shall bee endorsed with the
part satisfaction received, as allsoe a receipt taken by us for such lands as have
been given out for the same or any other way.

4thly. What care and examination shall bee made uppon the severall com-
missions and letters of attumey given to agents or others for receiving satisfac-
tions for their respective debts.

5thly. Whether any notice or accompt shall be taken of sales and alienations
of debentures or lands made before absolute and legall possession.

6thly. Whether the Register-Oenerall for debentures, or his deputy, will
not bee necessary to attend either the cancelling or indorsing of satisfyed deben-
tures.

7thly. In case debentures, for satisfaction whereof lands have been allready
assigned, shall not bee actually brought in at the time of receiving debentures
and issueing certificats for the same, or within some other time to bee appointed,
whether they may and shall bee postponed, and others admitted in their roomes.

Lasdy, wee humbly desire that, having sett out the now remainder of dis-
poeeable lands, there may be a totall cessation of all claimes and further pro-
ceedings, untiU wee can wholly perfect the severall accompts wee have to make,
and untill the adventurers and disbanded in 1653 their lands bee returned by
the surveyors.

All which wee leave to your Lordshipps wisdome. 23^ January, 1656.

To part of of which adress they retume the following answer :

laiSH ARCH. 80C. 2D By

( 202 )

By His Highnesse the Lord Protectors CouncUlfor the Affaxrea of Ireland,

Whereas the Commissioners for setting forth lands to the army have, pur-
suant to their commission of the 7^^ of July, 1656, as is certifyed by a paper
produced under their hands, dated the 23^ of January last, and presented to
this board, sett out land to every troope and company of the array, allowing
unto some their full arreares, unto others fourteene shillings and three pence in
the pound, whereoff about two shillings and four pence is to bee satisfied in
Kerrey, and unto others but twelve shillings and three pence, who are to take
two shillings more out of lands of dubiouse and incumbred titles. And having
a remainder of land yet to dispose of, for the satisfaction not only of such deben-
tures as whereoff noe part hath been yett satisfyed, but withall for repairing
such defects as have happened, as well by reason of decrees, whereby all or any
part of the lands assigned have been afterwards taken away, as by accidental!
mistakes or miscasting, as by the said certificate doeth appeare.

The Councill, having taken the same into consideration, doe thinke fitt att
present only to take notice of such of the said cases or particulars as are under-
named, vizS that of debentures wholly unsatisfyed, and the case of such others
as are become satisfyed only in part, by reason of the decrees and of the acci-
dentall mistakes and miscastings afforementioned ; and for proportionable releife
in those cases have thought fitt to give the following instructions :

That, in the first place, a due computation bee made of all and every bar-
rony and part of barrony respectively, which have been sett out either in the
year 1655 or in this present year 1656, and allsoe that are appointed to bee
sett out for satisfaction of the forces disbanded in 1655, and the now standing
army, and having thereuppon compared the severall and variouse values of
them, at the equalization rates sett up by the respective agents, with the values
of the same att the Act rates proper to each respective provinces, the said
Commissioners are to take care that uppon the whole the State suffer noe pre-
judice by the said equalizations and depressions of the said Act rates, whereby
having allsoe cleared what lands doe yett remaine to bee disposed of, over and
above .what was requisite to satisfie the whole debt hitherto admitted to satis-
faction, in each province respectively, att the Act rates, and according to the
respective quota pare or proportion of payment, the said commissioners are
then to dispose of the said remainder as foUoweth, viz^:

Ffirst.

( 203 )

Ffirst. Having computed what defects of satisfaction as to the proportion of
the standing army in Leinster and Ulster, and of the j in Munster, have hap-
pened by reason of decrees, and have been authentically made out by or be-
fore the 20^ of this instant February, and likewise what debentures have been
actually brought in and tendered to bee satisfyed by or before the said day,
they are to divide the value of the remainder of lands abovementioned propor-
tionably betweene the summe whereunto the said defects doe amount, and the
totall summe of the unsatisfyed debentures, according to the proportion of the
standing army.

adly . They are to distribute the part apportioned to the reparation of the
s^d defects proportionably according to each of the said defects, bee the same
greater or less, and to pay the said unsatisfyed debentures according to such a
proportion, not exceeding the proportion of the standing army, as the part al-
lotted for the same will extend unto ; but uppon discovery of any new security,
as from Lowth or else where, they are to take care that all such as for the pre-
sent have received nothing, or short of the proportion of the standing army, bee
first made equall, before any further satisfaction above the said proportion of the
army bee added unto such as have allready received soe much. Dated att the
Councill chamber in Dublyn, the 4*^ of February, 1656.

Tho. Herbert, Gierke of the Councill.

And uppon a new putting them in mind of the said former adresse, they
issue the following order:

Bi/ His Highnesa the Lord Protectors CouncUlfor the Affaires of Ireland.

The Councill taking notice, by a late humble adress made unto them by
the Commissioners for setting out lands to the army, that the said Commis-
sioners have sett out lands unto every troope and company of the army, and,
having allowed to some their full arrearcs, to others 14' 3** in the pound, whereoff
about two shillings four pence is to bee satisfyed in Kerrey, and unto others but
12' 3** in the pound, and proposing that the other 2* may bee assigned out of
lands of dubiouse and incumbred titles, and desiring some directions in that or
other cases, having duely considered thereoff, thinke fitt that the sud Commis-
sioners in their delivering out the remaining summe for compleating the qu(^
or respective proportions of 14* 3^ for satisfaction of such debentures only as

2 D 2 have

( 204 )

have been brought In to the said Commissioners or Register-Generall before the
20^ day of February last, doe, in their proceedings, as neer as possibly they can,
keep strictly to the lotts, and observe the rules formerly given and practized in
their distribution of the former part of the satisfaction assigned unto troopes and
companyes, or to regiments, and not particular persons of the army ; and wherein
they are to take like care that what remaines to bee sett out as afforesaid bee
as contiguouse as may bee to their present lotts.

As to that head concerning certificats from the Councill, whereby the soul-
diers respectively concerned may be deemed in legall possession, orders have
been allready issued in that case, requiring the Attumey-Generall to peruse the
Acts and ordinances, and accordingly to prepare a forme of a certificate to bee
presented unto this board ; and for the more satisfactory and speedier preparing
thereoff, itt is thought fitt that Sir Charles Coot, Sir Hardress Waller, CoUonell
Lawrence, and the said Commissioners, doe advise with the Attumey-Generall
concerning the same.

To the second, proposing that, by reason of mistakes observed by the said
Commissioners in some of the distributions made in 1655, the certificates given
by those Commissioners may bee compared by the surveys now perfected, before
they have their finall orders for possession, the Commissioners are accordingly
carefully to examine the same ; and if, in the distribution of the lands sett out
{de bene esse) in the yeare 1655, itt shall appeare that any person that hath lands
in his possession above his due proportion, they are to take speedy course for
recinding the same, they being to have and enjoy what they can justly claime,
and noe more, before the signing such certificates.

To the third, proposing what security shall bee lefl unto the army for the
imsatisfyed part of their debentures, as whether the part satisfyed shall bee en-
dorst uppon the debenture, and a receipt taken by them for the lands given out
for the same, it is thought fitt that this proposition be referred to a committee
of any three or more of the Councill to consider thereof, and to send for suck
officers as shall be held fitt, as allsoe for Mr. Attumey-Generall, the auditor of
His Highness court of Exchequer, and Commissioners for setting out lands, and
having together duely considered thereoff, they are to offer unto the board what
they shall hold adviseeable in the case.

To the fourth, conceming the examination of the comissions and letters
of atturney given the agents and others in receiving satisfaction for their re-
spective

r

( 205 )

spective debts, fforasmuch as the Council! are informed that all or most of
those instruments have passed under the hands and seales of those that entrusted
them, and that» by raising doubts where nothing is complained of, many need-
less and unseasonable differences may unhappily arise, and for that the worke
is done for which they were impowered, albeit uppon examination there may
appeare some imperfections in matter of forme, the Councill held it not advise-
able at present to give any order therein.

To the fifth, whether any notice or accompt shall be taken of sales and alie-
nations of debentures or lands made before legall possession is given from this
board, itt is thought fitt that^ in case the purchaser or possessor have warranta-
bly and uppon good consideration procured the same from the souldiers, their
executors or administrators, and that lycence hath primary been obtained from
the commander in chief, or others by him authorized, and according to the
rules prescribed in the Act in such case, the Commissioners for setting out lands
may give out certificats in the name of him unto whome the said debentures
have been warrantably assigned and procured as afforesaid.

To the sixth, concerning the Grenerall Registers cancelling or endorsing
satisfyed debentures, to bee speedily taken into consideration, and rule given
from the board.

To the 7th, concerning the postponing the satisfaction of debentures not
brought in at due times, this is to bee likewise speedily taken into consideration.

To the last, proposing that there may bee a cessation of all claimes and fur-
ther proceeding untill they can perfect their accompts, and that the lands as-
signed the adventurers and disbanded in 1653 bee returned by the surveyors,
the Councill thinks fitt that when the said Commissioners have perfected the
worke that is now next to bee done, viz^, as to the satisfying debentures brought
in by the 20^ of Ffebruary afforesaid, reprisezeing of lands which appeared to
them at or before that day to bee reprizeable, and the distribution of the du-
biouse and incumbred lands aforementioned, and have given an accompt of their
proceedings unto this board, the Councill thinke it may bee then a more seasona-
ble time to resume that matter into consideration. Councill chamber, Dublyn,
g^ of Aprill, 1657.

Tho. Herbert, Clerk of the Councill.

Together with another about orders of possession, viz< :

Bu

( 2o6 )

By His Highness the Lord Protectors Councill/or Ae Affaires of Ireland.

Whereas by an Act of Parliament entituled An Act for the Satisfiustion of
the Adventurers and Souldiers, &c., in page (82), it is ordained, among other
things, that a certificate under the hands and seales of the Commissioners of
Parliament, or any two or more of them, is to bee had by all the officers, after
the division of their lotts, before they can bee deemed to bee in actuall posses-
sion and seisin thereoff, it is thought fitt and ordered that it bee referred to
Sir Charles Coot, Sir Hardress Waller, M' Attumey-Generall Basill, Collonell
Lawrence, the Auditors, and Commissioners for setting out lands to the army, to
consider thereoff ; and having duely perused the said Act of Parliament, and
such other Acts and ordinances as may any way relate thereunto, they are to
prepare and present unto this board the forme of such a certificate as they may
conceive to bee agreeable to the intent and meaning of the said Act, for further
considerations to bee had thereoff. Dated at the Councill chamber, in Dublyn,

the g^^ of Aprille, 1657.

Tho. Herbert, Clerk of the Councill.

The which was answered by the referrees therein named, with the following
report and draught of orders of posession thereunto annexed :

May itt please your Lordshipps,

In obedience to your Lordshipps reference within written, wee have con-
sidered of the matter therein contained, pursuant whereunto wee offer the
annexed draught of a certificate, which is according to the advice of our coun-
cill, and the best in our opinion, which wee humbly submitt to your Lordshipps
consideration. Dated the 3"* of June, 1657.

Signed in the name and by appointment of the rest of the referrees,

Hab. Waller.

By his Highness Councill^ Sfc,

By vertue and in pursuance of an Act of Parliament entituled An Act for
the speedy and effectuall Satisfaction of the Adventurers for Lands in LreUnd,
and for the Arreares due to the Souldiery there, and of other publicke Debts,

and

( 207 )

and for the Encouragement of Protestants to plant in Ireland ; as allsoe of in-
structions from his Highness the Lord Protector, bearing the day of ,
whereby the power of the late Commissioners of Parliament is devolved unto
and vested in us, wee doe hereby certifie, under our hands and scales, that the
lands of , amounting unto acres, Irish measure, of profitable lands,
&c., unprofitable, with the appurtenances, are, according to the said Act of
Parliament, divided, sett out, and particularly allotted unto , his [heires]
and assignes, in satisfaction of his arreares. In wittness whereoff, wee have
herunto putt our hands and scales. Dated the day of

About this time the adventurers moyety of the ten countyes, with the county
of Lowth, and the barronies sett out to the disbanded anno 1653, were in mea-
suring, as allsoe the courts were sitting amaine about claimes, in pursuance of
a fiurther liberty given for that purpose by an Act of parliamentary assembly
held and begun the 17^ of September, 1656, by reason whereoff it became
impossible to know the state and extent of the dubiouse land abovementioned,
nor of the new security exspected firom the said adventurers moyety and Lowth,
uppon retume of the said admeasurement ; wherefore litle was done by the
agents as to their orders of possession, nor much by the Commissioners, except
the answering of such reprizalls, speciall orders, and references of the Coimcill,
as particular persons procured ; all which orders, reports, &C.9 are ready to bee
produced, when occasion requires the same.

Having thus, perhapps in too slight a manner, run over the nature of this
worke, one hundred times bigger and more difficult then in this orderly descrip-
tion thereoff it will probably bee conceived to bee, itt follows to tell next by
whome itt was performed, viz^ :

D*" Petty had soe much zeale to have this great and memorable worke well
transacted, that he voluntarily tooke much paines and bestowed many thoughts
thereon ; which the army well perceiving was, as is supposed, the reason why
they named him a trustee, and got him authorized for an instrument in their
service by the commission above named. Dated the 20^^ of May, 1656.

Whilst that commission was on foot, allthough the other five did all of them
performe the judicative and directive part of the worke, yet the management
of the calculations, with the invention of the method and meanes to put the
Commissioners generall directions into practice, lay wholly on him ; and soe
plyed, that on the same day, being the 10^^ of July, 1656, wheron the three

Commissioners

( 2o8 )

commissioners received their new commission of the 7^ of July, whereof the
D'' himselfe was one, there was given the officers then assembled in a great
number such a scheme of asslgnements for the six grand divisions* with such an
accompt of the quota^ the dubiouse lands, the reservations for other uses, &c.,
as gave them such satisfaction as it hath proved the ground of whatsoever hath
since been done, and composed the clashings then in being.

There was in this latter commission, besides the Doctor, M'' Vincent Gookin
and Major Miles Symner, persons of knowne integrity and judgement; the
first whereoff, within a moneth after the commission, and before one foot of
land was actually sett forth, went into England, to attend his duty in the affore-
mentioned Parliament, which was to begin the 17*** of September following;
and Major Symner, a person ever generally beloved, and especially in this
very army, foreseeing the danger of incurring as much the armyes causeless
hatred as he had before enjoyed their well merited good affections, and being
distracted with the frequency and vehemence of applications, could not with
that pleasure attend the clamorouse part of this business, as his publicke spiritt
otherwise disposed him unto. Soe that the daily directing of neer fourty clerks
and calculators, cutting out worke for all them, and giving answers as well to
impertinent as pertinent questions, did lye cheifiy uppon the Doctor ; and the
more he did the more he was imployed ; and withall, the better he gave men
satisfaction at first, the more and more unreasonably it was requested at the
latter end; which continuall disquiett might (even in Solomons judgement) be
the reason why some thought him more short and satiricall in this replies then
his former and naturall temper had before represented him to the world.

When it came to pass that he was reputed the author of whatever displeased
any man, in soe much as, if men had not what they would have, and did call
to remembrance any injuriouse exspressions they ever had uttered concerning
him, they presently apprehended that the disappointments they were under
were nothing but the secret revenges of some evill they had perhapps long
since done him. Att length, when it became customary to reproach, noe man
tooke much care what he said of him ; and the wiser men, in being convinced
how causelesly he suffered, would none of them venture to bee joined in this
commission ; soe as Major Symner and the D' were forced to carry alone a bur-
then not usually imposed, unless a treble strength, nor borne without a greater
countenance then themselves could give it.

As

( ao9 )

As for the D*" himselfe, he became to bee esteemed the j or evill angell

of the nation ; and allthough God enabled him to cleare himselfe before the
Conncill and all other authorityes, as allsoe to any other particular persons who
was but cnriouse enough to understand the reason of his actings, yet all he did
it was still said to bee but delusion, and casting a mist before the eyes of men
he dealt with. Yea, though it was his vanity to carry all things with justice
and impartially, yet the contrary was still imputed unto him, even allthough
his greatest adversaries could never procure him a checque from his superiours,
nor could hinder his masters, who had seen him faithfull in small matters, to
sett him over greater, nor to entrust him with the adventurers and disbanded
mens survey, even allthough he had been excessively railed att for what he
had immediately done before of that nature, inserting him allsoe in all comis-
aions relating to distribution of lands. Nor did the then Lord Leiftenant (then
whome noe man knew him better) frighted for owning him for his secretary,
as to his bussiness of nearest concernement. Vor was the Councill soe convinced
of his unworthinesse as to refuse his service as clerke to their table ; ffor these
two honors did God add unto him, even when the cry of his adversaryes was
loudest, the which, as he did not seeke as shelters to his crimes, soe he did not
too broadly appeare in them, to avoyd the ostentation which usually springs
from such advancements. The access of this new and more honourable trusts
did but quench his fires with oyle, and provoked his ambitiouse adversaryes to
thinke of hewing downe the tree uppon a twig whereoffhe stood, so as by mul-
tiplying their surmises and clamoures, hee became the Robin Goodfellow and
Oberon of the countrey ; for, as heretofore domestique servants in the countrey
did sett on foot the opinion of Robin Goodfellow and the ffairies, that when
themselves had stolen junketts, they might accuse Robin Goodfellow for itt ;
and when themselves had been revelling at unseasonable houres of the night,
they might say the fairies danced ; and when, by wrapping themselves in white
sheetes, they might goe any whither without opposition, uppon the accompt of
being ghosts and walking spiritts; in the same manner severall of the agents
of the army, when they could not give a good accompt to those that entrusted
them, to say D*" Petty was the cause of the miscarriage was a ready and credible
excuse. If the agent would goe from his countrey quarters to Dublin on free
cost, the souldiers must contribute towards it, uppon the accompt of getting
justice from D*" Petty. If the poor souldiers would have their lands sett out

IBIBH ABCH. 800. 2 E before

( 210 )

before necessity compells them to sell, it was but saying D' Petty would not
send a surveyor. If the surveyor doe not lay the house and orchard on the right
side, the party disappointed need but say D*" Petty imployes insufficient instru-
ments. When one party hath by good cheare and gratuity byassed a poor fel-
low, itt was good ground for the other to say that D' Petty imployes such as
takes bribes, and perhapps shares with them ; there being persons who have
showne a poor souldier a bogg or other course land, telling him that was his
lott sett out by D' Petty, to the end they might have the good land, which really
was the poor mans, att the price of the bogg. If a peice of land better than our
owne, through an accident, happen to be undisposed of, then our owne is cryed
out uppon as incumbred, and D' Petty a villaine if hee doe not help cozen the
State to exchange itt. If wee have undersett our land, then a Protestant claimes
it, and soe wee become free to have other lands whereuppon to make a wiser
bargaine. If wee would have a good large quota or proportion of our debt sa-
tisfyed in Leinster and Ulster, then Kerrey, being the refuse county of Munster,
is all good land. If the Munster lott would be rid of Kerrey, they cry up the
neating and withdrawing of dubiouse lands for a divine invention ; to others, an
abominable project.

J£ the Commissioners are sparing to show their mapps, to prevent projecting
and contriving uppon them, then D' Petty keepes all in the darke. If wee doe
not observe what every juncto or faction directs, how contradictory or unintel-
ligible soever, D'' Petty transgresses the Committees orders ; if wee fall uppon
course land, better being behind us, D*" Petty hath over charged the lott, and
stufft in his owne friends ; if better lands bee before us, then debentures were
not equally fixed. When D*" Petty minds the agents of their poor brethren, who
served before 1649, ^^^ yrere disbanded in 1653, itt is said that this advertise-
ment is like Judas his proposing to have the box of ointment sold for one hun-
dred pence, and given to the poor. When loose debentures swarme up and do wne,
D'^ Petty is suspected for buying them at under rates, and hath been searcht
like a theife with a constable ; but noe body observes the agents breaking up
the officers seale, and thereby introducing this danger. When the lyst or string
of disposeable lands was made and presented to the agents, they would for greedi-
ness acquiesse in any thing; but when the lotts fell out amisse, D' Petty jugled.
Whilst D' Petty forbore, out of tenderness, to deale in lands or debentures undll
the whole army was satisfyed, then it was said he would not engage in the lands

of

( 211 )

of Ireland, but, having gotten his money, would runn away ; but when he had
layd out his estate in land, he become soe wicked as not to bee worthy to stay
in the nation.

And now being weary in setting forth the unhappiness of this Doctor in the
perverse reward of his faithfuU and painfull performances, wee should retume
where wee digressed, which is to shew that the army forbore taking out their
orders of posession, as allsoe the distribution of their dubiouse and other lands,
untill the adventurers and other surveyes from where they exspected further
security shoidd come in, and bee made use of to cutt that surplusage which
they guessed to be for them in the adventurers moyety of the ten countyes, the
which because they coidd not satisfactorily doe without a conference first had
with the best representatives of those persons, sitting at Ghrocers Hall, London,
they did move the Councill in May following, 1658, that the D'^ might have a
commission for treating with the said adventurers in England to that purpose,
which matter, allthough it brings us to speake of the D" further service to the
State and army in that particular, yett, because it is subsequent in time to what
wee are now goeing to treat off, wee shall a litle forbeare it, and pass to speake
of the lands which the IK hath purchased with the armyes security.

CHAPTER XV.

ABOUT the moneths of January and Pfebruary, 165^, when the whole
army was satisfyed, and the D' had received most of his money for the
whole survey, uppon stated and fully audited accompts, the busie people, con-
sidering what great advantages themselves had gotten by buying debentures,
and consequently lands, in soe much as many sold even their personall neces-
saries to drive this kind of trade, they fell a wondering why, neither in this
yeare, 1656, nor in the preceedent better year for this purpose, 1655, the D'
had been seen to traffique in debentures, very few, measuring him by themselves,
being willing to beleive that this abstinence and fact was for noe other reason
then to keep himselfe free and cleare from all kind of partiallity and injustice,
and others from the feare of it; but rather concluding that he had a share in all

2 E 2 the

( ^la )

the best lotts of Ireland, or else that, being consciouse of some great miscarriage,
hee would not venture his estate nor person long in Ireland, where he had com-
mitted them. Now to disabuse the creditors of these false opinions, and to bee
really a benefactor to the same land whereon God had allready blessed his en-
deavours, he began to thinke of bying some lands ; but, goeing about it, he
found debentures to be both scarce and deere, and withall that his owne asking
for debentures did raise the price of them, the world collecting from thence that
the gold mines were yet to bee disposed of This disposition and perswasion of
the world being unto the D^ as necessity the mother of arts and inventions, hee
conceived that, since there was soe many acres of land, rough and smooth, yett
undisposed of, for the admeasurement whereoff, at i^ per acre, there would be
due neer three thousand pounds, the right whereoff, the debt lyeing in a very
hazardouse condition, he had lately bought off the State for betweene six and
seaven hundred pounds ; and fforasrauch as he was not bound to stay for this
money imtill those who served before the yeare 1649, ^^^se who were disbanded
anno 1653, and those who had not yett brought in debentures, and allsoe those
who had this present yeare received but part satisfaction, should agree of the
time and manner of receiving these lands, but that the money above mentioned
was rather due to him from the land then from such individui vagi^ who should
he knew not when come to have them ; and, lastly, considering that those who,
even at last, should appeare to have those lands, were to bee looked uppon as
souldiers, such who, as well by the common rules of court marshalls as by the
power given the generall of the army by the Parliaments Act of September,
1653, were under the said gentlemens jurisdiction; the D' thought fitt to pe-
tition the generall for releife uppon the above mentioned ground, setting forth
that, if hee were allowed as much lands as his debt in debentures amounted unto
att the usuall rates, yet that he should gaine litle thereby ; forasmuch as the
money he paid for that debt would fully or very neer purchase one as many
debentures as would doe the same. The Generall, out of meer tenderness, only
referred him to the Councill for their concurrence with himselfe in this case,
which he said was rather rare and singular then unreasonable or injuriouse.
Hereuppon he makes the following petition to the Lord Generall and Councill
both, about the premisses, inserting some other desires to make the purchase
more considerable, viz^ :

TO

( 213 )

TO HIS HIGHNESS THE LORD PROTECTORS GOUNGILL FOR THE AFFAIRES OF

IRELAND.

The humble Petition of D' William Petty
Shewethy

That your petitioner, since his first being employed, either as surveyor or
commissioner for setting out lands to the army, hath not dealt in the least for
land or debentures, directly or indirectly, as hee will make appcare by oath or
any other satisfactory proofe, and hath neglected to make such lawfuU advan-
tages as other men, perhapps less qualifyed then himselfe, have done, and hath
withall incurred the suspition of intending to withdraw himselfe out of Ireland,
out of feare to stand to his severall actings uppon the afforesaid employments.
And this he had done to prevent scandall and sinister constructions, which jea-
louse and disatisfyed persons might make uppon your Lordshipps management
of affaires, in imploying such as could not containe themselves from traffiqueing
on the peculiar object of their trust and employment.

Tour petitioner, therefore, to demonstrate his intention of abideing in Ire-
land, and to lay out himselfe and talent in the plantation thereof, doth now,
when all lotts are generally satisfyed, and when there remaines noe house or
land of value to bee disputed off, but only refuse ends and tayles of lotts, humbly
desireing of your Lordshipps but that liberty which, were it nott for the scandall
afore mentioned, he might otherwise lawfully take, consisting in the following
particulars, viz^:

I St. That whereas your petitioner hath accepted of the arreares of the soul-
diers contributions, att one penny per acre, in satisfaction of 614^ 8' 9*^, that
he may bee satisfyed what he cannot receive in money as soe much debentures.

adly . That he may have the liberty of purchasing att least one thousand
pounds debentures.

3dly. That he may have liberty to reedeeme land mortgaged for more then
their respective values, at the Act rates.

And that he may use the said liberty in such places, for satisfaction, as he
shall make choice of, to prevent the jealousies of such as may be otherwise
concerned in a lott with himselfe. In granting whereoff, your petitioner assu-
reth your Lordshipps that nothing shall bee done against lott, rule, or instruc-
tions, to one penny prejudice of the State or army. And this your petitioner

desires

( 214 )

desires may be granted before it bee to late, least he become as ridicidouse for

his slackness herein, as he is to some odiouse for his strictness in your Lord-

shipps service.

And he shall, &c.

William Petty.

By His Highness the Lord Protectors CounciUfor the Affaires of Ireland.

Uppon reading the within petition of D' William Petty, desireing that such
arreares of one penny per acre as are due from the army, and granted imto him
by virtue of an order of this board, dated the ii*** of February last, may bee
satisfyed unto him out of lands as soe much due by debenture ; adly, That
he may bee permitted to purchase at least one thousand pounds debentures ;
and lastly, that he may have liberty to redeeme such lands as are mortgaged
for more then their value att the respective Act rates doeth amount unto ; and
that he may receive satisfaction for the said arreares, and for such debentures
as he shall purchase as afforesaid, and may withall make the said redemption
in such places as he himselfe shall make choice of:

Ordered, — That the said petition, and all and every the branches thereof,
bee granted and assented imto ; provided that nothing be done by occasion
thereof to the prejudice of the Commonwealth or the army. Dated at the
Councill chamber, in Dublyn, the 6^ of March, 1656.

Tho. Herbert, Clerk of the CaunciU,

Now he the rather made application to the Councill, together with the
generall, that if the lands to be disposed of as afforesaid, being most of them
exceeding course, should by their indulgence bee eased of this duty of one
penny per acre, they might, notwithstanding, make good the land to be sett
out to him as he desired, even uppon another ground wholly within their owne
power, the which power appeared to me in their order in the 4^^ of February
preceedent, inasmuch as by these words, viz^ And having thereuppon com-
pared the severall and variouse values of them, att the equalization rates sett
by the respective agents, with the values of the same at the Act rates proper
to each respective province, the said commissioners are to take care that, uppon
the whole, the State suffer noe prejudice by the said equalizations and depres-
sions of the said Act rates, whereby, having allsoe cleared what lands doe yett

remaine

( 21S )

remaine to be dispoaed o^ oyer and above what was requisite to satisfye the
whole debt hitherto admitted to satisfaction in each province respectively, att
the Act rates, and according to the respective quota pars or proportion of the
payment, the said Commissioners are then to dispose of the said remainder as
foUoweth, viz*:

Itt seemed to mee as if they deemed that what should bee gained by the
advantage of enhancement above depressed rates to bee in their owne dispose,
and as it were alienated from the armyes security.

In fine, the said Lord Deputy and Councill, having then an high sence of
his service and sufferings in this worke of distributing the lands, granted his
petition in terminia; the which Ibeing carried to the commissioners to put in
execution, they, out of an abundance and scrupulouse care of the States and
armyes concernments, gave him the following order, but withall tyed him upp
to the articles annexed thereunto, and herewith inserted.

Bj^ the Cammiasianera for aetHng forth Landa to the Army,

By vertue of a commission from his Highness the Lord Protectors Councill
for the affaires of Lreland, unto us directed, bearing date the seventh day of
July, 1656, wee have sett out and assigned unto D' William Petty, in satisfac-
tion of the sum of four thousand one hundred eighty-one pounds fourteene

shillings and seaven pence, the full number of three thousand five
^^^ hundred seaventy-eight acres three roods thirty-six perches of

lands profitable, at ten shillings per acre, amounting to the sum of one thou-
sand seaven hundred eighty-nine pounds nine shillings and tenpence; and
eight hundred thirty-three acres one rood and four perches of lands cast in,
over and above, lyeing and being in the barrony of Balleboy ; and two thou-
sand nine hundred thirty-seaven acres one rood and twenty-eight perch of
profitable lands, lyeing in the barronyes of Duleeke, Halfe-Fore, and Ratoth, at
twelve shillings per acre, amounting unto one thousand seaven hundred sixty-
two pounds nine shillings and two pence ; and three thousand one hundred forty-
eight acres three roods and twenty-two perch of profitable lands in the pro-
vince of Ulster, at four shillings per acre, and one hundred thirty-five acres and
two roods of lands cast in as unprofitable, amounting unto six hundred twenty-
nine pounds fifteene shillings and seaven pence, according to the list of the par-
ticulars

( 2l6 )

ticulars thereoff hereunder written, and according to such orders as wee have
received from His Highness said Councill, and such conditions as are att large
exspressed in certaine articles of agreement made betweene us and the said Wil-
liam Petty in that behalfe, bearing date with these presents. As witness our
hands, this 24*** day of Aprille, 1657.

Articles ofAgreemetd made and concluded betweene the Commieeioners ap-
pointed by Bis Highness Councill for the Affaires oflreland^ for setting
forth of Lands for Satisfaction of the Army ^ of the onePart^ and D^ Petty ^
of the Citty ofDublyn^ of tlie other Part^ this four and twentieth Day of
Aprillj 1657, asfolloweth:

Whereas uppon reading the petition of D' William Petty, His Highness the
Lord Protectors Councill for the affaires of Ireland did by their order of the
sixth of March, 1656, grant and assent that such arreares of one penny per acre
as are due from the army unto him, the said D', for admeasuring their lands, and
as were granted unto him for his owne use and benefitt, by virtue of another
order of His Highness said Councill, dated the eleventh of February last> should
bee satisfyed unto him, the said D' William Petty, out of lands, assoe much due
by debenture.

Moreover, whereas His Highness said Councill have allsoe by their said
order of the 6^^ of March, 1656, permitted the said Doctor to purchase at least
one thousand pounds debentures, and that he might receive satisfaction both for
the said arreares of one penny per acre, and allsoe for the said purchased deben-
tures, in such places as he himselfe should make choice of; and whereas it hath
appeared unto the said Commissioners, by certificate from the auditors of His
Highness Court of Exchequer, and from Christopher Gough, deputy to the Sur-
veyor-Generall, bearing date the ninth of Aprille, 1657, that there hath been
admeasured by the said D' William Petty, of profitable forfeited lands dispose-

able to the army, two millions fourteene thousand three hundred
2014357* I*" 37P

fifty-seaven acres, one rood, and thirty-seaven perches, the which,

at one penny per acre, allowed by the Act of the Councill of Warr, dated the

eleveneth of December, 1654, by the said Commissioners seen, doth amount

II ■ Id ^'^^ *^® summe of eight thousand three hundred ninety-three

pounds three shillings one penny halfe penny.
And, lastly, whereas itt hath appeared by certificate from James Standish,

Esq.,

( 217 )

Esq., Receiver-Generall, bearing date the eigth of Aprill, 1657, that there hath
been discompted from the army for the use of the said Doctor only five thou-
sand five hundred and eight pounds six shillings and six pence, being all that
he knoweth hath come into the hands of the said Doctor ; and whereas the said
James Standish hath certifyed that about three hundred pounds of the said five
thousand five hundred and eight pounds six shillings and sixpence was then
unpaid unto the said Doctor, and hath since certifyed that the same that was
soe behind was the just summe of two hundred and nineteene pounds seaven-
teene shillings and eight pence, and due unto him from certaine companyes in
England belonging to the Irish army ; and whereas the said James Standish
hath certified that much of the aforesaid summe must bee repayed by the said
D* William Petty unto such who had paid him more then their due by mistake ;

And it hath since appeared that the summe soe repayed doth amount unto
seaventy-seven pounds, which, with the said two hundred and nineteene pounds
seaventeene shillings and eight pence, maketh in all two hundred ninety-six
pounds seventeen shillings and eight pence, being the full summe which the said
D' was over charged in the said five thousand five hundred and eight pounds six
shillings and six pence, soe that two hundred ninety-six pounds seaventeene shil-
lings and eight pence, being deducted out of the said five thousand five hundred
and eight pounds six shillings and sixpence, there remaines five thousand two
hundred and eleven pounds eight shillings and ten pence, as the utmost of what
the said D*" William Petty hath received from the army, which being againe de-
ducted out of the said eight thousand three hundred ninety- three pounds three
shillings one penny halfe penny due from the army, there remaines three thou-
sand one hundred eighty-one pounds fourteene shillings as the cleer debt to be
satisfyed unto him in lands, according to the Councills order above mentioned,
the which, with one thousand pounds debentures purchased and given in unto
the said Commissioners by the said D', makes four thousand one hundred eighty-
one pounds fourteene shillings and three pence.

Itt doth, uppon the whole matter, appeare that the said arreare yett due firom
the army unto the said D' William Petty amounts unto the fiiU summe of three
thousand one hundred eighty-one pounds fourteene shillings and three pence,
the which, with one thousand pounds in debentures purchased and given in
unto the said Comissioners by him, the said D'^, makes four thousand one hun-
dred eighty-one pounds fourteene shillings and three pence; in satisfaction
IRISH ARCH. soe. 2 F whoreofT

( 2i8 )

whereoff the said Commissionere have, according to the choice of himselfe the
said D% under his hand, assigned and sett forth unto him, his heires and aasignes,
for ever, as by their certificat bearing date with these presents may appeare, cer-
taine lands containing nine thousand six hundred sixty-fiye acres one rood and
six perches, Irish measure, of profitable land, and nine hundred sixty-eight acres
three and four perches, of like Irish measure, of unprofitable wood, bogg, and
barren mountaine, and lyeing in the severall parishes, barronyes, and countyes,
as in a list of the said lands annexed to the said certificate of the said Commis-
sioners particularly mentioned and expressed.

And whereas His Highness Councills said order of the sixth of March afore-
mentioned did make the afforementioned concessions unto him, the said D' Wil*
liam Petty, provided that nothing be done by occasion thereof to the prejudice
of the Commonwealth or army, the said Commissioners, in pursuance of the said
directions and provision, have, on the one part, covenanted and agreed with the
said D' William Petty on the other part, viz^:

Imprimis^ for as much as the debt to be eatisfyed unto the said I> William
Petty as aforesaid amounts unto four thousand one hundred eighty-one pounds
fourteen shillings and three pence, which, according to the respective rates of
the Act of Parliament, or other rates at which other lands were sett out in the
same barronyes where the lands assigned as afforesaid doe lye, doth require for
satisfaction the afforementioned number of 9665*^ i' 6' Irish measure, vizS
3578**" 3' 361^, att ten shillings per acre, and 2937*^ 1' 28^ att twelve shillings
per acre, and 3148'' 3' 22<^, att four shillings per acre, according to the rates of
the barronyes respectively where the said lands doe lye.

But forasmuch as the said 3 181" 14' 3^, being the arreares of one penny
per acre as afforesaid, due unto the said D^ William Petty firom the army, can-
not properly and according to the Act of Parliament bee satisfyed out of lands
applicable only to satisfye arreares of pay due to the army, itt is therefore agreed
by the said Commissioners for setting out lands that the said D^ William Petty
shall have the said 9665^ i*" 6^ for and in consideration of the said one thou-
sand pounds, which is the summe and totall of the debentures for satisfaction
whereof the said lands are properly applicable, uppon condition that he will
remitt unto the army the said debt of 3 181" 14' 3^, due for the arreares of one
penny per acre as afforesaid.

And to the end the Commonwealth may suffer noe prejudice by giving out

the

( 219 )

the said lands for the said summe of one thousand pounds, being below the Act
rates, or rather equalization rates, the said D' William Petty doth promise
that if it shall appeare, uppon the computation of the rates and values of the
whole security of the army, that all the rest of the lands sett out at any time for
satisfaction of the arreares thereof have not been sett out and accepted ofatt
rates soe much above the Act rates as in the whole doeth equall or exceed
3181^ 14' 3**, being the arreares of one penny per acre as aiforesaid, whether
the same hath happened by not satisfyeing of odd pences, or odd roods and
perches, by leave and consent of the said army, or by advantagious but volun*
tary compositions made with some of the souldiers in satisfyeing of their deben*
tures, or by the casuall exemption of lands depressed in their rates, after the
rates were sett> from being sett out, that then the said D' William Pet];y shall
bring in soemuch of debentures as to make up what is soe wanting unto the
said summe of 4181^ 14* 3^

Moreover, to the end the army may suffer noe prejudice by occasion hereoff,
the said I> William Petty doth further promise that, if any person that is now
in arreare for the said penny per acre shall pay in what he soe oweth, that then
the said D' Petty shall bring in soe much of debentures, in lieu thereoff, as will
ballance the same ; and that the said D' William Petty shall, to that end, att
all times render an accompt, uppon oath, if required, as well for all such arreares
as hee shall soe receive as of what he shall restore backe, of what he hath
allready received more then was due, by mistake or otherwise, and bee answera-
ble for such surplusage as aforesaid. And the said D'^ William Petty dos fur*
ther promise to give bond of 3000" for bringing in debentures as aforesaid,
or resigne back into the hands of the Commonwealth soe many of the said
9665^ I' 6^ as shall bee requisite to make up the said want of debentures.

And itt is mutually agreed by and betweene the parties abovementioned,
that in case his Highness said Councill shall not grant and allow unto the said
Doctor William Petty the lands assigned to him by the said Commissioners, soe
as he may have a firme and legall estate thereof, that then the said bond of per*
formance be void, together with such of these present articles as he on his part
is to performe.

Moreover, itt is agreed that if any of the said 9665* i' 16? shall bee taken
from the said D' William Petty, that then he shall have, in lieu of the same, by
way of reprizall, his.choice in the county of Lowth, before any part of the same

2F 2 be

( 220 )

be otherwise disposed of, or out of any other lands disposeable to the army
which shall be undisposed of att the time when the said lands shall bee soe
taken away. In wittness, &c.

Whereby it appeares that the land which he received for 3181^' is but a
pawne, whereof when any part is paid the Doctor is bound to give in soe
many debentures in lieu thereof as whereby hee might have purchased the same
quantity of lands in the ordinary way. And moreover, in case the State should
dispence with the souldiers paying the said penny per acre for the coursest of
the said undisposed lands, then they allow the same out of land in their owne
dispose, and which was, as itt were, wonne att play with the army. Neither
was this intended as an absolute grant from the Commissioners, for there is a
condition which supposes the Councill may not confirme it, making certaine
provisions in that case. Now how the army is wronged in giving but one penny
as a pawne for threepence, which they justly owe, for soe it is, a penny in ready
money being as good as three pence in debentures, and that with a condition
of a redemption ? And how is the State wronged, if they grant away towards
the satisfying of their owne debt what they had won from the army, and that
too in favour of the army, and for doeing the armyes bussinesse, and to exempt
the army from paying three pence with what costs them but a penny, nay, with
what they had not ? And where is any fraud in a matter of this nature, after
many debates, grounded uppon the supreame and their subordinate ministers
authority, a priori, and lyeable to bee null uppon the said supreame authorities
dislike of the whole transactions, when they should from exsperience be sensible
of itts inconveniency, are the questions ; or rather, it is a question whether the
State and their ministers granting such orders, and suffering them to bee after*
wards questioned, bee not fraud and trepanning.

This order was first granted by some of the Commissioners the 24'^ of Aprill,
vizS by as many as were then in being, and afterwards confirmed, with some
small additions, about November; nor was any subduction even in due cases
made, because the time for making them was not by the said articles come,
and that other further additions, to reballance the said subductions, might hap-
pen, as some actually did, before the said time of a finall accompt was come*

Whereas the above order of the Councill, dated the 6^ of March, gave
lycence to satisfye the said arreares of pay as debentures, and one thousand
pounds in debentures, as all to redeeme mortgages. Now the first said order of

the

( "I )

the Commissioners concerning only the two former particulars, it was thought
more safe and honourable to make a further application to the Gouncill, before
the concession concerning mortgages was putt in practice; wherein, as was just
and convenient, the D' sett forth to the Councill the manner how the benefitt
hee mentioned in his petition did arise unto the State by the advantage of the
enhaunced above the depressed rates, and withall their power to dispose thereoff
in pursuance of their order of the 4^ of February aforementioned, as allsoe the
reason why he desired that the benefit of such the States game or winnings
should be apply ed for and towards his owne accommodation, to answer the for-
mality of a legall title ; itt being as reasonable that a thousand acres of lands,
incumbred for more in name, and thrice more in deed, then the State is allowed
to sell it, shotdd bee given away even for a shilling, then that one thousand
acres of wood, bogg, or mountaine, perhapps of a considerable intrinsicke value,
should be given away for nothing ; and the rather because such equalizations
are highly countenanced by the aforementioned ordinance of the second of Sep-
tember, 1654, provided for the like cases: uppon all which grounds, and much
more alledged pro and cotUra att severall meetings of the Councill, the follow*
ing order was obtained, viz*:

By his Highness the Lord Protectors Councill for the Affaires of Ireland.

Uppon reading the petition of D' William Petty, setting forth that, by order
of this board of the sixth of March last, he had liberty granted him to redeeme
any lands he should pitch uppon, if mortgaged for more money then the amount
unto att the Act rates, and that he can make noe use thereoff without some
way of making himselfe a title, according to the Act ; and thereuppon praying
that he may have the accomodation of such surplusage as shall happen in the
whole lands assigned for satisfaction of the army (by reason of the not satis-
fyeing odd perches and pence, satisfycing debentures, by way of composition,
at rates above the Act, and the enhanceing and depresseing of barronyes), as
whereby he may make a title unto the few lands which he may bee able to
redeeme with his money, att rates exceeding the Act. And forasmuch as,
uppon consideration had thereon, it is conceived that the granting the peti-
tioners desires will bee noe loss, but an advantage to the State and army, both
as to the satbfyeing more publicke debt, and by the quitt rent increasing the
revenue, itt is thought fitt, and accordingly ordered, that he have the accomo-
dation

( 222 )

dation of the surplusage of rates and values that shall happen uppon the ac*
compt afforesaid; and that uppon the petitioners adding of souldiers debentures
unto the money to bee by him paid for the redemption of such lands, that soe
much lands as he shall thinke fitt soe to redeeme bee legally assigned and sett
out unto him, provided the lands soe to bee purchased bee mortgaged or other-
wise incumbred for more money then they amount unto, att the respective Act
rates, where such lands shall lye. Provided likewise that the said lands soe to
bee redeemed doe not in the whole exceed the number of two thousand acres in
Leinster and Munster, and one thousand acres in Ulster, and as contiguouse as
may bee, and without intervalls, &c., according as he shall make choice thereof
in those respective provinces ; provided, nevertheless, that this order bee not
construed or intended to extend to the prejudice of the just right or claime of
any person or persons interressed and concerned in the premisses, in case any
such bee, and that his proceedings herein be registred in the Surveyor-Generalls
office, as there shall bee occasion. And hereof, and of the afforesaid order of
the sixth of March last, the officers of his Highness court of Exchequer, Com-
missioners for setting out lands for satisfaction of the army, and all others as the
same doeth or may conceme, are to take notice accordingly.- Dated att the
Councill chamber in Dublyn, the 20*^ of May, 1657.

Tho. Herbert, Clerk of the Councill.

In which order, among other things, provided that the whole three thou-
sand acres should bee incumbred more then amounted unto at the Act rates,
without debaring the D*^ to take of the said incumbrance for less then it was,
neither could that provisoe in reason bee understood to forbid his taking of
some small parcells mortgaged for less, provided some others were charged for
soe much more att the said Act rates, soe as that both together answered the
words of the order, ffor in such case the great incumbrances would have been
given up wholly to the mortgagee, and never have been brought to pay quitt
rent to the State, as by this other literall and plaine construction they have been.
The Comissioners order was as followeth :

By the Commienoners for aetdng forth Lands to the Army.

In pursuance of two severall orders of his Highness the Lord Protectors
Councill for the affaires of Ireland, the one dated the sixth of March, 1656, and

the

( 223 )

the other dated the twentith of May following, and hj vertue of their conunis*
sion, dated the 7^ of July, 1656, and an order of the Councill dated the twentith
of May, 1657, relating thereunto, the said Commissioners doe hereby sett out
unto D' William Petty, his heires and assignes, for ever, in satis&ction of two
shillings and seaven pence, being the unsatisfyed part of the debenture of Hugh
Jammick, the whole being three pounds five shillings and eight pence,

The severall lands undernamed, containing three thousand acres and ten
pole profitable land, and of unprofitable one hundred and seaventy acres and
two roods, being mortgaged for more money then they amount unto att their
respective Act rates, which mortgages the said D' is to redeeme ; being accord-
ing to the demand and engagement of the said D', with reference to the affore-
mentioned orders of the Councill remaining with us, viz^

Memorand. That the money which was actually laid out to purchase the
land conveyed to the D' by those two orders cost more then to have proceeded
in the most vulgar way of purchase by debentures, soe that the wholle purchase
was essentially a service to the State, and but by accident an advantage unto
the D**, and but such an advantage as was common to all other kinds and wayes
of acquisition.

About February, 1651, when the Commissioners had done as much as well
could bee done as Conunissioners for setting out the lands, the D** observed the
treasury so low that he despaired to obtaine any such recompence in money as
he thought in reason and conscience might answer the paines, hazzard, and
hatred he had endured by reason of this service, and therefore desired the
Councill, imtill they could doe for him what might answer the end afforemen-
tioned, that they would give him leave to bee satisfyed for certaine debentures
which hee should purchase by election, uppon the same reasons as before ; where-
uppon they grant him the following order with much cheerfullness and unani-
mity, as was declared, viz*:

By the Lord Deputy and Councill.

H. Cromwell.

Uppon consideration had of the extraordinary paines and care taken by D*^
William Petty in and about the equall and regular allottment of lands unto the
army, in satisfaction of their arreares, the Lord Deputy and Councill doe hereby
agree and order that the said William Petty shall have leave to purchase soe

many

( 224 )

many debts or debentures due for Bervice since the sixth of June, 1649, ** ^^7
bee brought, at such rates as have been most usually and frequently given, ac-
cording to their respective lotts, rights, and places of satisfaction, for the summe
of two thousand pounds ready money, and that the said debts shall be satisfyed
in such places as the said William Petty shall desire, at such rates and with such
other advantages, the quota off being in due manner observed, as doe not pre-
judice or damnific neither his Highness and the Commonwealth, or the army :
and it is hereby referred to Vincent Grookin, Ralph King, and Miles Symner,
Esqrs., or any two of them, to putt the premises in execution accordingly.
Dated at the Councill chamber in Dublyn, the 5*** of Pfebruary, 1657.

William Steblb, Cane.
Ric. Pkpts.
Mat. Thomlinson.
Will. Burt.

Uppon which order are grounded the four orders following.

By the Commissioners for seUing forth Lands to the Army.

Whereas by an ordenance of His Highness the Lord Protector, by and with
the advice and consent of his Councill, bearing date the 22^ of August, 1654^
itt was ordained that the persons to whome the lands to be sett out to Generall
George Monke have or shall by lott or otherwise fall or bee assigneable, shall,
in case they be sett out to him in lieu thereof, receive proportionable satisfac-
tion by other lands of equall value in the county of Clare reserved from the
transplantation, and that the Lord Deputy and Councill be authorized to ap-
point and sett out lands to them of equivalent value in the said county accord-
ingly ; and whereas his Highness the Lord Protectors Councill for the affaires
of Ireland, having appointed lands to bee sett out in the county of Wexford, in
satisfaction of certaine arreares due to Generall George Monke, amounting in
the whole unto two thousand six hundred thirty-seven pounds five pence, in
lieu thereof have by their order of the two and twentith of July, 1657, appointed
that five thousand eight hundred and sixty acres, being the number of acres
which, att the Act rates of four hundred and fifty pounds per thousand, doe
satisfye the above debt of two thousand six hundred thirty-seven pounds five
pence, should bee sett out unto those concerned in the lott of the county of

Wexford,

( 225 )

Wexford, formerly impaired by the aforementioned assignement made to the
said Generall Greorge Monke, whereby the said 5860 acres are, by yertue of his
Highness said ordinance, and the above mentioned order, drawne within the
secnrity of the army for arreares since 1649 ; and whereas the Lord Deputy and
Councill, by their order bearing date the fifth day of this instant February,
uppon considerations of certaine services done by Doctor William Petty, have
given him leave to be satisfyed for certaine debentures due for service since
1649, in such places within the security appointed for the satisfaction thereof
as he shoidd desire ; lastly, whereas by reason of severall former distribuUon
of the lands lyeing uppon the mile line of the Shannon, betweene Loopshead
and the county of Gralway, itt doth not appeare that there are at present lands
containing above 5860 acres undisposed of, if the north Liberties of Limericke
should bee excluded, out of which the said D' William Petty, by writings under
his hand, bearing date the 24^^ instant, desired to bee satisfyed : wee, the Com-
missioners for setting forth lands to the army, doe, by vertue of a commission
bearing date the 7^^ of July, 1656, and by vertue of the two speciall orders, the
one of his Highness the Lord Protectors Councill for the Affaires of Ireland,
and the other of the Lord Deputy and Councill aforementioned, hereby sett
forth and assigne unto the said Doctor William Petty, his heires and assignes,
for ever, the severall lands hereafter mentioned, viz^ :

Which said lands doe containe in all, by admeasurement, 1453 ^^^s* ^ rood,
lyeing in the north liberties of the citty of Limerick, and are in satisfaction of
653'* 19* 3**, being the j parts of 915" lo' ii^ being the summe of certaine
debentures stated for service done since the 6^ of June, 1649, received and
cancelled by the said Commissioners. Given under our hands and seales this
25*** of February, 1657.

Vincent G^okin.

MiLBs Stmner.

By the Commissioners for sOting forth Lands to the Army,

Whereas his Excellency the Lord Deputy and Councill, by their order of
the fifth of February, 1657, have ordered and agreed that D' William Petty
should have leave to purchase certaine debts and debentures due for service

IRISH ARCH. 80C. 2 6 sinCC

( 226 )

since the 6^ of June, 1649, ^^^ ^ ^^^ satiafyed for them in saoh places aa he
should desire, and requiring the Commissioners for setting forth lands to the
army, or any two of them, to putt the premises in execution accordingly ; and
whereas the said D' William Petty hath, by writing under his hand, dated the
15^*^ of February, 1658, desired to be satisfyed part of the said debts in the
parishes of Kilmore and Toysista, in the barony of Glaneroughty and county
of Kerry, and by the severall lands hereafter particularly mentioned ; the said
Commissioners have ordered and doe hereby assigne and sett out unto the said
D*^ William Petty, his heires and assignes, for ever, the lands by him demanded,
as foUoweth, viz*:

Which said lands doe amount in the whole unto three thousand five hun-
dred fifty-nine acres and thirty-one perch, which, at the rate of two hundred
and fifty pounds per thousand acres, are in satisfaction of eight hundred eighty-
nine pounds fifteen shillings and ten pence, nett, in debts due to the army
since the sixth of June, 1649, ^^® consideration having been had therein to
the quota of the army. Given under our hands and scales, this 24^ of March,
1657.

VlH. 60OKIN.

MiLBS Stmitbb.

By the Commisrioners for setHng forth Land to the Army.

Whereas his Excellency the Lord Deputy and Councill, by their order of
the 5* of February, 1657, have ordered and agreed that D' William Petty
should have leave to purchase certaine debts and debentures due for service
since the 6^ of June, 1649, ^^^ ^ ^ satisfyed for them in such places aa he
should desire, and requiring the Commissioners for setting forth lands to the
army, or any two of them, to putt the premisses in execution accordingly ; and
whereas the said D' William Petty hath, by writing under his hand, bearing
date the 10^ of February, 1657, desired to be satisfyed for part of the said
debts out of the lands following, lyeing in the barony of Duleeke, and county
of East Meath ; the said Commissioners for setting out lands to the army have
accordingly ordered, and doe hereby assigne and sett out unto the said D' Wil-
liam Petty, his heires and assignes, for ever, the severall town lands, with their
rights, members, and appurtenances, conteyning the severall numbers of acres.

viz*:

Which

( 2*7 )

Which lands doe amount in the whole unto 555* i' 8^, and, at twelve
dullings per acre, are in satisfaction of 333" 3* 6^ neat, due consideration being
therein had of the guo&i of f, as by the aforesaid order was to be observed.
Given under our hands and scales, the 1 1^ day of February, 1657.

ViN. 60OKIN.

Miles Stmner.

By tlie Camnnmofiers far setHng forth Lands to the Army.

In pursuance of an order of the Lord Deputy and Councill, bearing date the

5^ of February, 1657, and by vertue of a commission from his Highness the

Lord Protectors Councill for the Affaires of Ireland, dated the 7^ of July, 1656,

wee doe hereby assigne, aUott, and sett out unto D' William Petty, his heirs

and assignes for ever, the number of two hundred and fifty acres out of the lands

of Kewtowne, in the parish of Duleeke, in the county of Eastmeath, marked

uppon the plott (23), and formerly the propriety of Nicholas Darcey, for and in

satisfaction of 150", consisting of debts due to severall officers and souldiers for

service in Ireland since the 6^ of June, 1649, ^^^ ^^^ service in England before

that time, according to the qtwta pars or proportion of five parts, the whole being

into seaven divided, att twelve shillings per acre. Dated the 20^^ of February,

1658.

ViN. 600KIN.

Ra. King.

Soe that the Doctor yett wants satisfaction for above 3000^' to make up what
was intended him by the above concessions of authority.

CHAPTER XVL

WEE are now to retume where wee left off, to wit, how the officers moved
the Councill that the D' might bee imployed to the adventurers about
the maimer of cutting of the surplusage, if any thing appeared ; the Councill
assent, grant the commission following, with a letter to the committee of adven-
turers:

262 Instructions

( 23© )

Superscribed thus:

For the Worshippfull Alderman Fowke, att his House in Tower Street^
or, in his absence, to Mr. Greorge Abnery, neer the Old Jury,

London.

In soe much as all men tould him he had to doe with a company of very
prejudiced persons, and shoidd scarce gett them to hear him with patience,
neverthelesse the D' pursued his duty, soe as to present the above mentioned
letter, and to appeare amongst them, where he found the drift of most of them
to lye in the ends following, viz^:

I St. To affiront the States survey, and assert that survey which themselves
had made as authentique.

idly. To assert their liberty of purchasing on certaine t^rmes whatsoever
they had taken more then their due.

3dly. To bee confirmed in the places whereuppon they had allready seated
themselves, notwithstanding aU kind of irregularity in their taking of the
same.

4thly. To keep of comming to accompt, or soe much as to shew the State
what lands each of them was possessed of.

5thly. To have the States survey communicated to them, to try what ad-
vantages they could find in it more then in their owne, as allsoe what enormity
they could discover in any part of it, to make a ground for overthrowing it
wholly.

6thly . To send the deficients to the State for satisfaction out of Lowth and
the four reserved countyes, that theirs might never bee looked into for what
they had.

7thly. To sett up the committee of claimes at Grocers Hall, as the only
legall, true administrators of this business.

The very first day of meeting the Doctor gave them such satisfaction con-
cerning the good intention of the Councill in Ireland towards them, and the
justice of what he had to propound, in order to their setlement, that att the lat-
ter end of the day they desired him to give them the heads of the method in-
tended: hee did soe, giving them ten days to thinke of it. Att the end of this
time, the generall scheme pleased most men ; nevertheless every man had his
exception, each to severall points, that the whole was in danger.

The

( 231 )

The first matter under sharpe contest was the allowance of the States sur-
Tey, which was allowed by a vote of the committee of, &o.

The debate continues; the deficients, and such as desired a legall settle-
ment in but what was their owne, are generally for the said petition and decla-
ration, others as generally against itt; some of which party send the following
Hbell:

Sir, you may take notice that some observers of your transactions at Gro-
cers Hall are inquisitive what is the thing you drive att in all your meetings.
I shall a litle acquaint you how the pulse beates, and in truth I find it very
much distempered. The great cry of the adventurers is, they have a very un-
meet physicion ; not that the D' wants braines or policy, they much more feare
his integrity. To be plaine with you, tis the judgement of some men that your
aime and end is to tume all things upside downe, and that, after sizteene yeaies
patient waiting and great hopes of setlement, you should drive adesigne to rent
and tear all in peices againe, that ihen may be wearyed out, and soe forced to
sell and part with their interest at very inconsiderable rates ; and for this end
you have your agents in London, to buy all they can lay hold on ; and tis re-
ported you have the commands of many thousand pounds to purchase all you
can compass. Sir, these are strange rumoures. I wish you did consider them,
and either vindicate your selfe, or exspect a publication in print before your ge-
nerall meeting, and such a one as shall lay open the projects of such men as
compass sea and land to drive destructive designes to the innocent That there
should be such jesuited persons, or men should have the face to disturbe the
peaceable proceedings and quiett settlement of men that have waited from year
to year, one seaven yeares after another, and now been att great costs and ex-
pence. Sir, these are strange things. I wish the child imbome hath not cause
to curse you uppon this score. Tou have cause sadly to lay these things to heart.
The souldiers mouthes are wide open against you, and tis supposed the adven-
turers will have small cause to bee silent. I have noe more to say to you, but
leave it uppon your conscience that you, I say you, must one day give an ac-
compt of these things, and the Lord be judge betweene you and these poor in-
nocent persons, many that know not the right hand firom the left; they have
a cry, and that cry will bee heard. And in the behalfe of the poor innocent is

this

( 232 )

this paper piesented to you by him that will patiently wait the issue of your
proceedings, and remaine

Tour servant, allthough in truth and reallity
1 6^ of August, No Hamovitb.

1658.

Att length the whole passed, maugre all oppositions, and the 20th of August
was appointed to propound it to the common hall of all the adventuivrs, which
was done. This generall assembly ordered itt to be printed, that every man

having copies might bee prepared against the day of .... , being

appointed for the next common hall to speake to it. This was done, and after
some discourses pro and contra^ the D' did offer the twenty positions following
to bee debated publickly with any who would undertake him thereuppon.

Positions containing the summe and substance of all the debate agitated both
by the committee and body of adventurers for lands in Ireland, in reference to
the way of their settlement since the 10^ of June, 1658.

I St. That it is the interest of the Lord Deputy and Councill of Ireland, not
only as pubUcke persons, but allsoe for their own private ease, quiett, and satis-
faction, forthwith to settle the adventurers.

2dly. That it is not their interest to doe the same by any unnecessary re-
movalls, but rather to continue att small matters then to give way thereunto.

3dly. That their Lordshipps have clear power by the Act of Parliament not
only to decide the great controversy which is now amongst the adventurers, but
allsoe an originall authority to assigne unto each adventurer what lands by name
shall bee apply ed to his particular satisfaction.

4thly. That the army having received but 12' 3** per pound, and the defi-
cient adventurers nothing att all, their Lordshipps will bee earnestly called up*
pon to putt forth their above mentioned power very suddenly ; and in case the
adventurers will not agree to offer some advice how their Lordshipps shall pro-
ceed in the excercise of their said power, they will be speedily constrained to
proceed without it.

5thly. The Lord Deputy and Councill, in behalfe of the State, have noe in-
terest to impose unprofitable or intangled lands uppon the adventurers, nor to
withhold any priviledge or advantage allowed by the Act of Parliament; nor
will their Lordshipps doe any thing against the Acts and ordinances of Parliar

ment,

( 233 )

ment, even allthough it were for the States advantage, and allthough the ad-
venturers could bee supposed to petition them unto itt.

6thly . That even the army of Ireland have not used any meanes to putt
hardshipp uppon the adventurers; nor have they. any power or interest soe to
doe, although what is saved by way of surplusage out of the adventurers pro-
portion doth belong unto them.

7thly. That D'' William Petty hath noe interest of his owne, either in hast-
ing or retarding the settlement of the adventurers ; nor that the same be done
by many or by few removalls ; nor that the surplusage of the adventurers bee
great or small ; nor that any thing be done to the adventurers against the Acts
of Parliament ; and that he is not guilty of one wrong formerly done unto any
individuall person of the army of Ireland in reference to his satisfaction, nor
unto the adventurers now.

8thly. That the petition and declaration is the only answer drawne up by
the committee that ever hath been given to the two letters from the Lord De-
puty and Councill of Ireland, concerning the adventurers satisfaction, and the
first compleat body of rules and directions for the adventurers settlement, and
that it contayneth nothing impertinent, and very few things not absolutely ne-
cessary thereunto.

pthly. That the said petition and declaration was made by a sufEciently au-
thorized committee, in a due manner, with a fair liberty to all men either to
propose or reject as they pleased ; that it was voted oftener then was needfuU, in
the whole and in parts ; that it hath been many times since read before dissatis-
fyed persons, and defended from word to word; and, lastly, since the i6^^ of
July, when it was first drawne, nor since the 4'^ of August, att which time
copies of it were given forth, nor since the 21^^ of August, since it came forth
in print, hath any systeeme or body of the like rules appeared in competition
with itt.

lothly. That the survey whereunto this petition doeth submitt hath all the
causes of sufficiency imaginable ; that itt hath been made with as many pru-
dentiall cautions as any former precedent can paralell ; that by all exsperiments
and judgements which hath been made uppon itt, it is more favourable to the
adventurers then their owne ; that it extends more favour unto them, even in
the matter of unprofitable land, then can bee made out by the Act of Parlia-
ment of xvn^. Caroli ; and much more then what is allowed in the Act of Sep-
IRISH ABCH. 80C. 2 H tcmbcr.

( 234 )

tember, 1653, ^ ^^ said Acts may bee rationally interpreted. And lastly, the
said survey, allthough it were very faulty, because it is authenticke, universall,
uniforme, and regular, is the most safe rule the adventurers can goe by.

iithly. That allthough there were many errors in the said survey to the
prejudice of the adventurers, it is to be supposed that there are as many and
more tending to their lawfuU advantage. The which errors of both sorts, being
to bee dispensed by lott, are, uppon the whole matter, noe prejudice, but rather
an advantage, to the body of adventurers in generall.

1 2thly. That if there bee any prejudicial! errours, either as to the title,
quality, or quantity of their lands, ample provision is made, not only for their
effectuall but for their speedy reparation in the same.

i3thly. That the power of the Lord Deputy and Councell being the only
legall power to make distributions, and their survey being the only authentique
survey, it follows that only what is done according to them is a legall founda-
tion to the adventurers.

I4thly. That the survey taken by the adventurers is not universall, not
uniforme, not soe much as probably true ; that it hath been obscured and ez-
sposed to much corruption since it was made ; that litle proof can be made that
what is produced as the adventurers survey is really such, much less that it is
true ; and lastly, that it wanteth soe many of the essentiall conditions of an
authentique survey, that it is none at all, neither in law nor equity, neither as
to the matter or forme of a survey.

i5thly. That the distributions made by the adventurers are all taxable of
the same imperfections, and consequently that it is dangerouse for the adven-
turers to relye uppon both or either of them.

i6thly. That notwithstanding the distributions formerly made by the ad-
venturers, according to the said imperfect survey and rules of distribution, be
in their owne nature not to bee endured, nevertheless it is not the desire of the
Lord Deputy and Councill, nor is it the intent of the declaration and petition,
to alter the same, where there appeares noe manifest injury, and such as is
obviouse to the very sences.

i7thly. That the supposed perfect rule mentioned in the petition is not
made as a judge uppon any past distribution, nor as a pimishment even to ofien-
ders, but only as a remedy and releife to such as are wronged, and possibly
may bee of noe use at all. Moreover, it may possibly give one who hath done

wrong*

( 235 )

wrong a better satisfaction, in a way of right, then what he now holdeth in a
way of injury.

1 8thly . That it is the interest not only of deficient adventurers, and of such
as have taken but their dues, to joyne in this petition and declaration, but allsoe
of such as have been injuriously irregular, forasmuch as there will allwayes be
a meane and power to correct them, and the longer their injuries remaine un-
detected, the heavier will their punishments be for the same at last; and foras-
much as they are mistaken in the way of restitution, which they thinke the
Act of Parliament doth prescribe, they being not capable of the favour which
the gentle punishment and reparations held forth in the said Act doe seeme to
allow unto them.

ipthly. That D' William Petty hath communicated the condition and for-
wardness of things in Ireland, in order to the adventurers settlements, as much
or more then the Councills letter sent to the committee doeth inferr. And he
hath comunicated even the surveyes themselves, not only as much as was
necessary with reference to any point in debate at the committee concerning
the whole business, but aUsoe as much as the committee thought fitt. And
lastly, that such communications as were insisted uppon by some members of
the committee were impracticable, and had been very dangerouse to the whole
concemement of the adventurers, and only of advantage to some partictdar
crafts-masters.

20thly. That it is more then probable that those persons who have been all
along averse to the abovementioned declaration and petition have driven on
their owne private designes, without respect to the common good of the ad-
v^itorers.

Noe man appeared ; another common hall was apointed the one and thirtieth
of August, on which the whole was concluded, and power given to the com-
mittee to appoint the commissioners named in the said instrument.

Att their next meeting they appoint my selfe, adding a branch to the said
instrument whereby to exspress their said desire, and provide a consideration
for the paines and charges to be bestowed on their setlement; and lastly,
they write the following letter of thankes to the Lord Deputy and Councill of
Ireland, the which letter, with the said petition and declaration, are as foUoweih,

viz*:

2 H 2 TO

( i3<5 )

TO HIS EXCBLLENCT THE LORD DEPUTY AND COUNCILL, AND THEIR LORD-

8HIPPS OF THE COUNCILL THERE.

The humble Declaration and Petition of the Committee of Adventurers for

Lands in Ireland, sitting att Ghrocers Hall,
Humbly sheweth,

That your petitioners, taking into consideration the present confused state
of the adventurers satisfaction in Ireland, and in order to remedy the same,
have, in pursuance of your Lordshipps letter bearing date the 7^ of May, 1658,
and of the severall acts and ordinances of Parliament thereunto relating, have
caused severall things, which were on their parts to bee done, to be forthwith
put in hand ; and have allsoe here collected such other things as they humbly
desire may bee done by your Lordshipps ; both which they humbly represent
in the severall particulars following, viz^:

I St. Your petitioners have made a compleat booke, to bee signed by the
committee of claimes and themselves, or their appointments respectively, con-
taining the debt of every adventurer whose certificate for the same hath been
stated unto this day, with the name of the barrony wherein the same ought (if
it may be) to be satisfyed, as alsoe the order of priority wherein the said satis-
faction ought to bee made.

2dly. They have desired the committee of claimes to cause an estimate to
be made of such debts for which noe certificates have been yet issued, which,
as they probably conceive, will bee hereafter claimed and allowed.

3dly. In case noe lands bee put uppon the adventurers, as part of their
measure, in satisfaction, but such as are profitable and forfeited, with all other
privileges and advantages, according to the Acts and ordinances of Parliament,
then this committee are of opinion that the generall survey and admeasure-
ment last taken by your Lordshipps, under the oversight of the Surveyor^
Grenerall and I> William Petty, bee submitted unto, and not otherwise.

4thly. They desire that such bookes may be made as D^ Petty has shewed
them formes and paternes oflT, by him called neat books, and containing the
names of the lands surveyed as forfeited, the number of profitable and unpro-
fitable acres, both accoiHling to your Lordshipps survey and the private survey
taken by the adventurers, when the said adventurers survey can be had, as

allsoe

( 237 )

allsoe the names of the lands subducted out of the same, either uppon the
accompt of decrees for constant good affection, compositions, private grants,
and incumbrances of any kind whatsoever, and consequently contayning an
accompt of what lands are neat and cleerely disposeable for the adventurers
satisfaction, together with an accompt of what lands the adventurers have
assumed of themselves, and by their owne particular survey and rules of distri-
bution, in satisfaction of their respective debts, and withall on accoimt how the
lands now found uppon a more view disposeable are to bee distributed, pur-
suant to the more perfect rule of distribution hereafter to be framed, in pursu-
ance of this present declaration and petition. And lastly, of the finall distri-
bution and settlement of all the said lands, according to the former or future
wayes of distribution, and according to such exspedients of reconciliation and
private agreement which may happen to cause alterations in either of the said
methods of disposure, desiring your Lordshipps to contribute whatsoever is
necessary on your Lordshipps part, as mapps, &c., towards the making and
compleating the said books and accompts.

5thly. When the debt and creditt of the adventurers is ascertained in man-
ner afforesaid, both in generall and allsoe uppon every particular province,
county, and barony, and that thereuppon an accompt is made exspressing what
barronyes are deficient and what have a surplus, they desire and propound, that
in order to repaire the one and with the other impartially, and according to
all or any the provisoes of the Act of Parliament in that behalfe made, that it
may distinctly bee determined by lott which province, county, and barrony
shall suceed each other; that thereuppon two distinct lysts, the one of all the
deficient barronyes, the other of all the surplusage barronyes, may be drawne
forth ; and the barronyes contayned in each may bee placed in such order of
priority as by the said lott is or shall bee determined. And it is further desired
and propounded that the barronyes of the county of Lowth, except the barony
of Atherdee, bee added to the afforesaid list of redundant barronyes, each of
them in such order of sequence as by lott shall be determined.

6thly. Itt is humbly propounded, that if any surplusage shall appeare uppon
the afforesaid lyst of redundant barronyes, the county of Lowth being soe com-
prehended, the same may bee cutt of uppon the last barronyes of the said list;
and that such generall surplusage may be withheld firom disposure to the army,
for some reasonable time to be agreed uppon, wherein your petitioners may

make

( 238 )

make out what reall damages they have received by errors in your Lordshipps
said survey, which they have conditionally submitted imto as aSbresaidy either
as to the quantity, quality, or title of the land by them accepted according to
the said survey, to the end they may have due reparation for the same out of
the reserved surplusage lands, as to your Lordshipps shall seeme just.

7thly. The satisfaction of the adventurers as to the whole being thus regu-
lated, itt is further humbly proposed as foUoweth, viz^ :

I St. They desire that deficient barronyes may bee repaired out of the redun-
dant barronyes, one after another, according to the paralellisme of the two above
mentioned lists of deficient and redundant barronyes ; that is to say, that the
first deficient barronies may be repaired owt of the first redundant baronies, and
soe downewards, untill all the deficient barronyes bee compleatly satisfyed out
of soe many of the first redundant barronyes, as they stand in the order of the
above said lists, as shall suffice for the same.

2dly. Forasmuch as there hath been allready made by the comittee of adven-
turers severall rules for distributing of barronies to the particular allottees and
individuall persons contained therein, your petitioners doe humbly ezsplaine
the chiefe of the said rules, as followeth, viz^ : Where it is said that a barrony
shall bee divided into quarters, itt is to be understood that all the lands, both
profitable and unprofitable, forfeited and unforfeited, comprehended within the
true outline of every such barrony, bee divided into four equall parts, as neer
as may bee, whether the same be done by lines of different position, as by north
and south lines, and east and west lines together; or by paralell lines and such
as are of the same position, whether they beare north and south, or east and
west, or uppon any other point only. And whereas the said divisional! lines,
being intended to bee streight, may probably cutt many denominations into
two parts, your petitioners, desiring that entire denominations may bee pre-
served as much as possible, doe exsplaine themselves, that they intend that on
which side soever of the afforesaid quartering line the gratest part of any deno-
mination falleth, that the whole denomination shall be reputed and deemed to
lye entirely on that side of the said quartering line. Both which exsplanations
your petitioners humbly desire may bee applyed to the matter of subquartering,
where any such thing hath been agreed uppon.

3dly. And to the end there may bee certaine rules where such rules are not
allready for passing &om the first denomination, which soever the same bee, to

the

( 239 )

the second, third, fourth, fifth, &c., your petitioners desiring that the same may
bee for the future determined, and to that end they propound that every bar-
rony, being duely quartered by rule, or the mutuall consent of the major part
of the adventurers concerned therein as afforesaid, may bee reduced, as to the
severall denominations comprehended therein, into one continued file or string
of contiguity, soe as it may be certainly knowne, from the first to last dispose-
able denominations, or part of denomination, in what order of priority each of
them shall be disposed of. And this wee desire may.be don by three severall
artists, from whome the knowledge of the lists of priority of lotts contained in
the debt booke may bee carefully withheld; and that they make their said
strings of contiguity in the presence of some persons to bee entrusted for that
purpose ; and that, when three such strings are soe made, that one of them be
chosen by lott, as the only rule to be observed in the matter of succession.

4thly. They further propound, that the persons imployed in making the
said files of contiguitie doe determine by what line every towne land shall be
cutt, in case there bee occasion thereof, for making up a just number of acres,
answering to each lott or debt.

Now, allthough it were to be wisht that the above mentioned rules of dis-
tribution, as being supposed perfect, had been followed in the adventurers for-
mer assuming of lands for satis&ction, yet hoping that the proceedings of many
such adventurers, though made otherwise, have not been either contrary to their
owne rules or injurious to their fellowe concemees, your petitioners humbly pro-
pound that distinctions may be made betweene such of the former distributions
as are fitt to bee continued from such as are not ; in order whereunto, they offer
that a distribution bee made according to the above mentioned supposed perfect
rule, forthwith, by such instruments as your Lordshipps shall thinke fitt, toge-
ther with a like number to bee allsoe approved by your Lordshipps, such as
shall be humbly recommended by your petitioners; and that the said distribu-
tion, being soe made, bee sealed up and kept private, untiU examination be had
of the afforesaid former proceedings of the adventururers ; to which end it is
humbly propounded :

ist That a person or persons bee appointed att London and at Dublin, both
to receive from all such adventurers as are aUready possessed of lands for their
satis&ction an accompt of what lands, by name, they are soe possessed of, with
an intimation of tiieir desire to continue in the same, in case noe injuriouse

irregularity

( 240 )

irregularity can be made appeare to have been practized by them in acquiring
the said satisfaction.

2dly. Your petitioners thinke fitt, publicke notice being given in churches,
diurnalls, and by all other convenient wayes, both in England and Ireland, that
such accompts or desires ought to bee brought unto the persons which shall be
nominated as aforesaid ; that such adventurers as doe not bring in the said ac-
compts or desires within two moneths after the above mentioned supposed per-
fect rule is declared to bee sealed up, shall not have any benefitt of their said
former assumptions or possessions not being according to the said rule. And
withall, that all surveyes made at the charge of the adventurers, which shall
not bee brought in and exhibited within the said two moneths time, either at
London or Dublyn, shall be declared null, and the distributions made uppon
them bee consequently declared null and voyd likewise.

3dly. They humbly propound that the person or persons to bee appointed
at London to receive the said surveyes, and the above mentioned desires of par-
ticular adventurers to continue in their satisfactions formerly assumed, doe trans-
mitt the said surveyes and desires to the above mentioned committee at Dublyn,
consisting both of your Lordshipps instruments and of those other persons re-
commended by the adventurers as afforesaid, to the end that the reasonableness
of the said desires, as allsoe of such other desires as shall bee exhibited at Dub-
lyn, may bee examined ; in order whereunto your petitioners humbly propound :

I St. That the distribution to all persons who are concerned in a barony,
whereoff the survey is not produced as afforesaid, be null.

idly. That allthough the survey be produced, yett if the barrony plott where-
by the distribution of the said barrony hath been actually made, hath not been,
according to appearing outline of the same, divided into four parts, answerable
to the four proportions or quarters of money respectively which appeare by the
booke of lotts to have been drawne uppon them, but that there is contained in
one or more of such quarters above fifteene per cent, more or less then there
ought to bee, your petitioners conceive that soe grosse a miscarriage in the
foundation of the distribution is a sufficient reason why all the disteibutions
founded thereuppon shall bee declared null.

3dly. Where the States survey maketh more disposeable acres in any bar-
rony then the private survey exhibited by the adventurers doth, whether the
same happen by the adventurers omitting of certaine parcells taken in by the

State,

( 241 )

State, or by reason of difference in distinguishing the quality, or through dif-
ference in admeasurement not exceeding three per cent, uppon the profitable
and forfeited lands of the whole barrony, it is thought fitt» to avoyd the neces-
sity of imposing small scraps of land uppon some deficient adventurers, that soe
much of die said distribution be null as is subsequent to the first irregularity,
and that the ^bove mentioned distribution made by the supposed perfect rules
be adheared unto in lieu thereof, provided that those who are removed by ver-
tue hereoff shall be allowed the value of their necessary improvements, as the
same shall be sett by indifferent persons to be chosen for that purpose.

4ihly. They humbly propound that in all other cases the distributions made
by the adventurers shall stand, unless in the particular cases of individuall per-
sons hereafter mentioned, viz':

I St. Where a satisfaction consisting of severall denominations is in length,
from one extremity thereof to the other, more then triple the breadth of the
same, provided that the lines by which length and breadth are computed doe
cross one another at right angles, except where the said proportion or satisfac-
tion, as to the quantity, could not be sett out otherwise then in such dispropor-
tionable figure, and except such distribution be acquieseed in by all or the
major part of the contiguous allottees, which kind of acquiescence your peti-
tioners accompt a generall exception to particular irregularities, for as much as
the same cannot be injuriouse where all or the major part of the persons con-
cerned are content, and doe allow of the same.

2dly. When, in proceeding from an assumed point of beginning, according
to any line of progression, the subsequent denomination is either not conti-
guouse to some of the preceeding, or not most according to the said line of pro-
gression, the subsequent denomination. As, for example, if the point of begin-
ning or entrance be in the denomination (a), and the line of progression be from
north to south, and the denomination taken next after (a) be (b), your peti-
tioners doe understand that if there be any other denomination contiguous to
(a), whereof any part is more northerly then any part of (b), in such case the
denomination (b) is injuriousely taken.

3dly. If, to make up a satisfaction for any lott, more then two denominations
(by denomination being understood the disposeable part of a denomination) bee
cutty wee conceive the same to be injuriouse.

4thly. If a distribution bee omitted by the first private distribution, which

IBI6H ABCH. SOG. 2 I is

( 242 )

is admitted by the supposed perfect list, all those allottees whose proportions
touch the same shall be guilty of that omission ; and if but one allottees pro-
portion touch the same as aforesaid, then the said allottee, by reason of the said
omission, is removeable; butiftherebe more then one, in such case one of them
is to bee chosen by lott, who, by removall, is alone to suffer for the whole, ex-
cept it can bee made appeare that at the time of the said distribution some
claime was entered uppon the publicke booke of the civill survey, or that some
order of suspension from the Councill bee produced, which might be a reason
and excuse for the said omission.

5thly. That all possessions taken by deficients of surplusages in lands, with-
out lotts drawne for the speciall county, barrony, and denomination where such
possessions are or shall be, without publication of the allottment before hand,
and freedome for all others in the like cases to the like lotts, bee utterly voyd.

Wee further propound that after the exspiration of the two moneths ap-
pointed for bringing in the surveyes and desires of continueing each man in his
respective possession, that another time be appointed for those who shall make
the said desires to prove that the said possession were allowed to them in the
former distribution, and withall to answer such charge of injuriouse iriegu-
larityes which may be made against the same.

Having thus framed a supposed perfect rule of distribution, as allsoe roles
whereby to reject some of the former distributions totally, and withall to dis-
tinguish the designed and injuriouse irregularityes committed within other dis-
tributions, allthough allowed of in generall, and having propounded the persons
by whome and the places where this whole affaire is to bee transacted in itts
severall parts respectively, itt is lastly propounded that all omitted cases not re-
ducible to the above proposalls, and that the interpretation of all ambiguityes
uppon the said proposalls themselves, bee referred to the afforesaid Ciommission-
ers, as such in whose determination your petitioners are contented to acquiease.

Now, allthough your petitioners are not ignorant that the right of making
a survey is in yoiur Lordshipps, and that the Act of Parliament giveth your
Lordshipps clear power to decide controversyes between adventurer and adven-
turer, nevertheless your petitioners humbly desire that out of tender regard to
the concisions wherein they are involved, and to the severall and repugnant in-
terests which are or may be among them, that your Lordshipps would be
pleased to exercise your said authority soe far as may bee without prejudice to

the

( ^43 )

the publique, according to the above mentioned adyice, which, by your Lord-
shipps favour and invitation, they have been embouidened in this manner to
present.

Char. Llotd.
Tho. Gtowbb.
Tho. Ebtbbs.
Na. Crisps.
W^. Barker.
Tho. Juxon.
Will. Higcoks.
Jo*. Wood.
Cha. Chetkb.

Jo*'. FiSHBR.

W**. Collins.
Cadwall. Ffarrington.
Hbn. Stahdish.
Ric. Alchorstb.
Jo. Pbrrott.
Ffrast. Bbttbrs.
W. Mbthwold.

Jo. SWBBTINO.

Jo. Godfrey.
£dm^. Lbwin.
Tho. LnrooLVB.
W**. Goodman.
Cha. Ffarrbll.
Will. Spursto.
Harnett Trbmlett.
Godfrey Hall.
Giles Sukpter.
Tho. Seares.
Hugh Rowley.
Sam"*. Dalbe.
Rob''. Norman.
Jo. Smith.

2 I 2

Ma. Thompson.
Jo. Holland.
Gbo. Clbrkb.
Jo. Grebnbsmith.
Ja. Edwards.
Ric. Hutchinson.
Nat. Miclethwait.
Tho. Young.

Jo^. BONGLE.

Tho. Underhill.
Sam^. Blackwell.
Sam. Eames.
Jo. Clbrkb.
Gabr. Bbnyor.
Pet, Db la Noy.

Jo. BuBJtOUGHS.

Rig. & Dav^. Leader,
w**. gunston.
Gil. Brandon.
Edw». Wood.
Jo. Williams.
Geo. Eyre.
Mary Melhvish.
Law. Saunders.
Ffra. H^ll.
Jo. Hall.
Will. Goodwin.
Ric. Deacon.
Nat. Wright.
Rig. Winston.
Ffra. Collins.
Bbn. Collyer.

Tho.

( 244 )

Tho. Cbowber.
W". Whittakeb.
Geo. Glascockb.
Ch. Ffox.
Will. Lawson.
Ch. Sutton.
Jo'^. Fflesher.
Geo. Bathe.
Tho. Jennee.
Jbe. Rtjshlet.
RoB^. Babbfoot,
Sam. Lihne.
Will. Sled.

Jo^. HUMPHBET.

Ch^. Sbablbs.
Mat. Tatlob.
Jo. Tatlob.
Tho. Bbisoo.
Ed. Pike.

Jo''. Sandon.
Tho. Hudsok.
Geo. Ewbe.
And. Pope.

JO^. HlEBON.

Will. Woodhousr.

Jo. ROLFE.

Jo. Mbbbicke.
Tho. Owen.
Hen. Hawkss.
Sabah Bogkat.
Dan"*. Theobalds.
Ebasmus Snblling.
RoG^. Chilbingwobth.
Gam. Votce.
Jo. Seeling.
Sol. Siblt.
Tho. Ffield.

Explanaiiom^ Amendments^ and Additions of the afforesaid Declaration

and Petition,

In pursuance of your Lordshipps owne favour and just endeavoures of pre-
venting unnecessary removalls, and in considerations of your petitioners readi-
ness to submitt to your Lordshipps survey, your petitioners desire that three p^
cent difference in admeasurement betweene your Lordshipps survey and the ad-
venturers bee not taken notice of, vizS in such cases where the adventurers sur-
vey hath been allready made use of as to distribution ; and where noe other cause
appeares for nulling the said distribution then the said difference in quantity,
your petitioners pray that such distributions be neither annulled, nor that any
retrenchment be made where the adventurers survey differeth not above three
per cent, from the States.

idly. Your petitioners humbly desire that by the word null in the above
petition and declaration, where tis said that soe much of the said distribution
be null as is subsequent to the first irregularity, shall not be intended to remove

any

( 245 )

any person out of the barronj, if there be land enough there for his satisfaction,
but only unto his right and proper place within the same.

3dly. Tour petitioners humbly desire that they may have the full benefitt
intended them by the several! Acts of Parliament in the matter of woods, and
for as much as the latter Acts of Parliament seeme, though in words only, as your
petitioners hope, to be more hard towards the adventurers then the proceeding
Acts were, uppon which they adventured their money, your petitioners desire
that your Lordshipps, in tender consideration thereof, would at least allow them
the full benefitt as afforesaid of the said latter Acts, according to the most fa-
vourable interpretation that the words of them will beare, which, as your peti-
tioners conceive, is, that not only the woods be cast in unto them, but likewise
that the soyle allsoe wheruppon such woods doe grow bee not reckoned unto
them as part of their measure.

4thly. AUthough your petidoners have allready desired that the agreement
of the major part of the parties concerned may bee a universal! exception to
irregularityes, yet they desire, for the further and more particular security of all
those who, by such agreements, have made their distributions, subdivisions, and
settlement by paralell lines, without regard to the former distinctions by plow
lands, towne lands, &c., that such distributions by paralell lines may stand,
where other injuriouse irregularityes and just causes of alteration are not found
in such proceedings.

5thly. Whereas your petitioners have, by the third article of their above
petition and declaration, submitted to your Lordshipps survey, with condition
that noe land be reckoned to them as satisfaction which ought to bee cast in
over and above their measure; and forasmuch as severall controversyes may
arise thereuppon, the decision whereof, if not made in some speedy and regular
way, may prove a great cause of delay and vexation to your petitioners ; they
therefore humbly pray that where complaints of errour as to profitable lands
shall bee made, that your Lordshipps would appoint the clerke of the Council^
uppon application to them by the above Commissioners for regulation, to issue
out such commissions of course to the sherifis of the respective countyes, for
empanelling juries, reviewing of lands where complunts are made, &c., as may
be sufficient for the ends above mentioned ; and that the determination of such
wrongs, as allsoe the reparation of them where there is cause, may be in the said
Commissioners, according to the above petition and declaration.

6thly. And

( M6 )

6thly. And for the better ascertaining of lands decreed away uppon claimes
or compounded for, that the said Commissioners, uppon receiving the neat booke«
may, uppon better information, take other lands into charge which are left out
of charge, and putt any other lands out of charge which are given in charge.

7thly. That your Lordshipps will bee pleased to reserve all the forfeited
lands within the adventurers moyety of the ten countyes and Lowth, for and
towards the adventurers satisfaction only, untill all and every the respective
adventurers bee satisfyed their particular proportions for the summes by them
subscribed and paid, and untill they bee repaired for such damages as they shall
receive by errors or mistakes of survey, as allsoe by incumbrances on their re*
spective lands.

8thly. Your petitioners doe humbly desire that such determination and
finall settlement of every adventurers satisfaction as shall be agreed uppon by
the above mentioned Commissioners authorized by your Lordshipps may bee
approved of by your Lordshipps, and confirmed with the scale of the Councill
of Lreland ; and that the survey whereuppon the certificats for the same are
grounded may be attested by the Surveyor-Grenerall; and that your Lordshipps
would, together with the said approbation, give warrant to the sherriffs of the
respective countyes to deliver to possession according to the said certificates re«
spectively.

pthly. Tour petitioners doe further desire that the county of Eildare may
bee divided by lott betweene the adventurers and souldiers, in order to their
respective reprizallsi as the ordinance in that behalfe made doeth direct, and
that such part thereof as fiJleth to the adventurers may be sett out unto them
by lott and string from time to time, as occasion shall require, for reprize of in-
cumbrances by lease and otherwise.

lothly. That your Lordshipps would bee pleased to accept of and appoint
D' William Petty to transact the above mentioned affaire, both in the behalfe of
your Lordshipps and your petitioners, instead of the abovementioned Commis-
sioners intended for management of the premisses, being a person of whose ability
and integrity your petitioners have received good satisfaction ; and that your pe-
titioners may be at liberty, in case of his refusall, death, or otiier considerable
absence before the said worke is finished, to recommend others in his stead on
behalfe of yotur petitioners.

I ithly. Thatt all such as have received the rents and profitts of any surplu-
sage

( 247 )

sage lands shall accompt for and pay the same to such persons to whome such
lands shall bee allotted and certifyed, their reasonable charges being thereout
first deducted.

iithly. That such adventurers as shall be removed out of any deficient bar-
rony into a surplusage barrony may have the like preceedure, priority, and suc-
cession to each other in such surplusage barronyes as they should have enjoyed
in the said deficient barronyes.

i3thly. And your petitioners doe further humbly acquaint your Lordshipps
that they doe thinke convenient, and have agreed and resolved, that there be a
leavy of three halfe pence uppon every Irish acre, profitable and unprofitable, for
which the respective adventurers shall have their ultimate particular alottments
certifyed, together with mapps attested by the Surveyor-Generall, and orders
of the Gouncill for possession, to be paid by the respective adventurers unto
D^ William Petty, att the time when such particular allottments, orders, and
mapps, shall bee attested and issued, and not before ; and that a farthing of
every the said three halfe pence be paid by the said D' William Petty, from
time to time, as the same shall come in, to such treasurer or treasurers as this
committee shall appoint, for and towards all charges incident to the adven-
turers settlement in England; and that one other farthing thereof bee for the
clerks of the Councell, Surveyor-Generall, and publique Register in Ireland,
for their paines and care about the adventurers affaires; the said public Register
causing the premisses and the particular allotting and setting out unto said re-
spective adventurers of their shares and proportions, according to the Act in
that behalfe, to bee recorded or registered, and attesting the same accordingly :
which wee desire your Lordshipps to order according to our said desire.

Signed in the name and by order of

Grocers Hall, the said committee,

17''' September, 1658. Jo. Moster.

May it please your Excellency and Lordshipps,

The committee of adventurers, having received your Lordshipps letter of
the 7^ of May last, doe deeply acknowledge your Lordshipps very great favour
in ofiering tp contribute your utmost help towards the settlement and satisfac-
tion of the said adventurers, and that in order thereunto, and as a further pledge
thereoff, your Lordshipps have been pleased to send oyer D**. Petty, to conferr

with

( 248 )

with them touching the persons by whome» the place where, and the meanea
how, according to rule, the finall settlement of the adventurers may bee aocom-
plished; which good intention of your Lordshipps, after many debates uppon
the contents of the said letter, and the communication thereoff to the body of
adventurers at four severall meetings, was received with soe much content-
ment as hath begotten such an encrease of confidence in your Excellency and
the Lords of the Councill in Ireland, that they doe by and with our selves
hereby retume your Lordshipps humble thanks for the same. Moreover, wee
have, in answer to your Lordshipps said letter, herewith sent a petition and
declaration, with some additions and exsplanations thereuppon agreed imto by
this committee, to bee presented to your Lordshipps, as the substance of what
they have, after many weekes debate among themselves, and with fireedome to
all adventurers and others who desired to bee present, and after the printing
thereoff, and four severall meetings of the body of adventurers, thought most
conducing to the ends of your Lordshipps said letter, and in particular to
answer that part thereof which concemes the persons, place, and meanes of
transacting the said adventurers settlement; withall humbly acquainting your
Lordshipps that whereas the said committee (as by the first preparation of the
said petition and declaration may appeare) did intend to pray your Lordshipps
that the transactions of the sud affaire might bee by the Commissioners, some
of them to bee nominated by your Lordshipps, and others by the said com*
mittee, but to bee all approved by your Lordshipps, the said committee doe
now pray, that, instead of all the said Commissioners, D** Petty alone may bee
authorized and approved of by your Lordshipps, to act as well in behalfe of
your Lordshipps as the adventurers, as a person best able to give the business
a dispatch; which wee the rather desire, for that such of our number as have
been most imsatisfyed with the petition and declaration are yett most abun-
dantly satisfyed with and first moved the choice of the said D' Petty, as the
sole trustee or commissioner therein, uppon whose ability and integrity as
your Lordshipps have deservedly placed great remarks of your respects, both
in your generall and speciall employments of him, soe wee cannot but, uppon
our owne exsperience of his worth and accomplishments, repose in him, under
your Lordshipps, the sole trust of the said adventurers settlement. And wee
doe further represent unto your Lordshipps, that least what the said conmiittee
have soe prepared and herewith sent may possibly not bee soe absolutely ne«

( M9 )

cessary in all cases, as that all the said adventurers should bee bound to the
strickness of the provisions thereoff, wee doe humbly pray that where manifest
injury or inconvenience shall appeare in them to the said Doctor, as Commis-
sioner in the premisses, your Lordshipps will bee pleased in such cases to em-
power the said D** Petty to proceed to the settlement of the adventurers therein
concerned, by such other convenient wayes and meanes as may most indiffe-
rently answer the former rules and certificates, and the private agreements of
such adventurers among themselves.

Having thus recommended our desires, wee doe humbly pray your Lord-
shipps coxmtenance and furtherance therein, which wee have an humble boldness
to thinke will give the adventurers settlement a speedy and effectual advance-
ment And wee shall with all humbleness acknowledge your Lordshipps
patronage and constant good affection to the said adventurers satisfaction, and
profess ourselves, as bound by your Lordshipps goodness.

Tour Lordshipps most humble and most obliged servants.

The Committee of Adventubebs.
Grocers Hall,
London, 17 Sept.» 1658. Jo. Mostsb. Tho. Goweb.

Jo. Holland. Tho. Eybes.

Jo. Wood. Geo. Clebke.

Ma. Thompson. Geo. Clebke.

Cha. Lloyd. Jo. Gbeenesmith.

Ja. Edwabds. Hu. Ratcliff.

Nat. Micklethwait.

Will. Hiccocks.

To his EaceUeney the Lard Deputy of Ireland^ and their Lordshipps of the Councill
(here^ Dublyn.

The party opposite to these proceedings protest against what had been done,
as illegall, gett councellours at law to state a case and draw up an oppinion,
which they send into Ireland with the following letter.

Vppon considerations of the severall Acts of Parliament and ordinances re-

lateing to the adventurers and souldiers of Ireland, and the disposeing of the

nusH ABCH. Boc. 2 K forfeited

( 250 )

forfeited lands thereof, as allsoe the printed proposalls to the adventurers, wee
are of opinion —

That the rebells are sufficiently declared to bee subdued and attainted, as
farr as such declaration and attainder was necessary to warrant the generall pro-
ceedings, all pretended defects whatsoever being supplyed in the subsequent
Act of Confirmation, Sept. 1653, generally called the Act of Satisfaction; and
all the defects of attainder whatsoever being supplyed by the relation which
that Act of Attainder hath in law unto the possessions which the rebells had in
the yeare 1641, or at any time after, though the Act of Attainder it selfe was
not passed untill 1656.

That the committee of claimes, other^nse called the committee of lottery,
sitting at Grocers Hall, vizS Methuselah Turner, &c., have as full power over
the moyety of the ten countyes and barronyes therein contained, which falls to
the adventurers share, and in case of deficiency, then over the county of Lowth,
excepting Atherdee, to distribute and sett forth out of the same to each adven-
turer his proportion, as the Commissioners of Parliament had power to doe in
the other moiety of the ten countyes allotted to the souldiery, though those
two clauses bee of different penning.

That uppon an abstract of the grosse survey returned, and division soe made
betweene the adventurers and souldiers as afforesaid, the committee of claimes
did well and legally proceed to allott unto each andventurer his proportion in a
certaine province, county, and barrony, and give them their certificate thereoff,
which being carried to Dublyn and registred according to the Act of Satisfac-
tion, though the lands themselves be not registred by particular denominations,
yet that being done, and the subdivision of the committee of adventurers follow-
ing thereuppon, there is sufficient to give that adventurer an actuall seisin of the
lands soe allotted, and he is thereby in actuall seisin thereof; and an order of
the Councill of Ireland to give possession was noe way necessary in law, though
it were an act of good caution and discretion in them that did.

That uppon the comparing of the Act of Confirmation in 1656, cap. 10 and
23, with the Act of Satisfaction in 1653, ^ which it doeth expressly relate, and
the ordinance of August, 1654, which exspired in June, 1655, the allottments
made by the comittee of adventurers, and all the proceedings thereuppon had,
are likewise declared and adjudged to be good, firme, and effectuall to all in-
tents and purposes whatsoever, and are thereby for ever ratifyed and confirmed.

That

( 2S» )

That the souldiery are not entituled unto any surplusage uppon the adven-
turers moyety unless such surplusage doe appeare on the retume of the gross
survey, nor is there any power to make a generall resurvey of the adventurers
moyety to find out a surplusage, but there is only power to resurvey each par-
ticular adventurers part, to see whether he exceeds his private proportion at
any time before 1659, and when that particular survey is made the adventurer
who is found to exceed hath power allsoe to purchase and redeeme the same ;
in the meane time the adventurer hath a possession which he may defend by
law, and bring his ejectiane Jirma. The power of deciding controversyes be-
tweene the adventurers and the State is left and remaines solely in the determi-
nation of the law.

Thatt all leases of lands and custodiums in the severall allottments are to be
reprized to the adventurers out of the county of Kildare, as far as those allott-
ments are charged with such leases and custodiums, as well as rents or other
dutyes particularly mentioned in the ordinance of June, 1654.

That where the committee of adventurers, by the ordinance of August, 1654,
have made particular allottments and ascertained subdivisions, the committee of
'claimes cannot make any alterations of such adventurers parts, who have suf-
ficient lands soe as afforesaid allotted unto them ; in all things else the committee
of claimes may proceed as formerly, their power being by Act of Parliament,
and not taken away by any subsequent Act of Parliament; and therefore they
may still, at this day, proceed to supply deficient adventurers out of the sur-
plusage barronyes of their moyety of the ten countyes, and if that be short out
of the county of Lowth, out of the barrony of Atherdee, according to the Act
of September, 1653.

Lastly, wee conceive the printed proposalls to bee dangerouse and destruc-
tive to the adventurers if assented, and that such assent will involve them in
endless suits and troubles ; and wee conceive the deficient adventurers have a
more safe and legall way to bee provided for then by any exspedients tendered
in the proposalls.

Olak. BniDOMAir.
Jbo. Palmsb.
26^ Oct. 1658. Hbh. Ffinch.

Whereuppon the Councill send me the following letter:

2 K 2 Sib,

( 252 )

Sib, — His Excellency the Lord Lieutenant and their LordBhipps of the
Councill having perused your letter of the gt^ of November, instant, as allsoe
another from some of the adventurers, dated the second of this moneth, and a
paper enclosed, being the opinion of some learned in the law, declaring their
sence concerning the Act for satisfying the said adventurers, together with the
said adventurers dissent there against the late printed declaration and petition,
as being reputed to bee dangerouse to their interest in this nation ; their Lord-
shipps have commanded me to acquaint you therewith, and that they cannot
but observe some difference amongst the adventurers, which they apprehend
tends not to the setling their interest, or the much desired plantation in this
nation, and are sorry to find their good intentions soe mistaken, your practicall
knowledge in that business in all probability giving hopes of doeing them and
the publicke good service, which by this opposition is rendered fruitless. And
allbeit jealousies and misapprehensions are too common in bussiness of this na-
ture, and may tend to your discouragement, their Lordshipps would have you,
nevertheless, to leave noe good meanes imatempted for composing what may bee
amiss, and to use your best endeavoures in bringing soe desireable a worke to
a peacefuU and happy conclusion. And in case this nation, and the adven-
turers and persons concerned in this affaire, shall not be soe happy as at present
to see this great affaire setled by a full and free consent and agreement amongst
themselves, his Excellency and their Lordshipps will not be wanting, uppon
application made hereafter to them by persons concerned, to continue their
reall intentions and endeavours to settle such persons whose complaints shall
come before them, in their just rights, according to law ; which is all I have

in command at present, and remaine

Your humble servant,

Councill Chamber, Tho. Herbert.

Dublyn, 17*** of November, 1658.

The party fancying the proceedings, goe likewise to councellours at law,
and procure the following opinions of Serjeant Archer, M' Hide, M' Allen, and
M' Mosyer, opposing that of Palmer, Bridgman, and Ffinch, as allsoe asserting
the justice and legallity of the petition and declaration, viz^:

The committee of claimes are limited.

By their order of the Councill of State, to charge uppon the province of

Munster

( 253 )

Monster noe more then one hundred and ten thousand pounds ; but they charge
or draw lotts for a greater summe.

Quere^ — Whether the lotts drawne after the said 1 10,000" was charged bee
not voyd ?

I am of opinion that they be voyd (folio 99), by reason of the charge
(and noe more) ; but in case of defect of barronyes, supply may be
made agreeing to the rule in the Act of Satisfaction, folio 70.

One of the commissioners of claimes hath bought adventurers interests, or
hath taken leases of the same after he was commissionated.

Quere^ — ^Whether, the said purchases being voyd, the lands doe not fall to
the State ?

I thinke that, the purchase being voyd, the land is the States, and may
be disposed to any other.

An adventurer is employed in clearing claimes, drawing lotts, and subdi-
viding lands, or either of them.

Quere^ — Whether any but the Commissioners of Parliament, or such as
stand in their steads, can draw lotts, subdivide, and sett out lands for such ad-
venturers satisfaction ?

They can not ; for as to these concerned persons, the Commissioners of
Parliament are only authorized.

Whether the said comittee could assigne the place of an adventurers satis-
faction, uppon any pretence whatsoever, without drawing lotts, — ist, for pro-
vince; and, for county; 3rd, for barrony ?

The rule prescribed being to proceed by lott, if the committee proceed
otherwise, its irregular and void (folio 70) ; and I take it the lott
must be drawne gradatim for province, then for county, and att last
for barrony, as is prescribed.

After the committee of claimes had drawne lotts for province and county^
by vertue of the order of the first of June, —

Querey — ^Whether they could draw lotts uppon such an abstract, which was
authentically certifyed not to be according to law ; and whether all proceedings
built uppon the said illegall abstract doe not fall, as, namely, the division be-

tweene

( 254 )

tweene the adventurers and souldiers, unless otherwise confirmed, the alotting
for barronyes, the judgement of defective barronyes, and the proceedings of the
committee of adventurers ?

This abstract I take to be voyd, as a foundation for any future proceed-
ings, it is soe full of gross errors ; for example, the barrony of one
land returned for 16430 acres, but what forfeited and what not is
uncertaine, and in trueth there is not one acre of forfeited lands there.

Whether dividing signifye differently from the words setting out, distribu-
ting, or allotting; that is to say, allthough the comittee of claimes had power
to subdivide the fourty-two barronyes among the adventurers, according to the
proportion due to every of them, whether they have power after such subdi-
vision to assigne and sett out by determined meets and boimds, by name, mem-
bershipp, soituation, quality, and quantity, what lands should satisfye each par-
ticular adventurers debt?

I thinke the subdivideing which the committee att Grocers Hall is to
performe is not the allotting intended within the severall Acts, espe-
cially the Act of Satisfaction, which, after the certificate from Grocers
Hall, appoints both souldier and adventurer to goe with his certifi-
cate into Ireland, and there procure before the Commissioners of
Parliament to the distribution and setting forth and registering their
lotts, and then they bee in seisin and possession.

Whether the Commissioners of Parliament had not power clearely or more
probably then any others?

That appeares by the Act of Satisfaction exspressly to bee in the Com-
missioners of Parliament in Ireland, in pursuance of the certificate
from Grrocers Hall.

Whether the committee of claimes overdrawing of provinces and coimtyes,
and drawing uppon particular barronyes, without first drawing lotts for province
and county, as allsoe proceeding to draw for barronyes without a legall abstract
of the States surveyes, and thereby causing much danger, to particular persons
interest, and confusion to the whole affaire, be not punishable by law, vizS by
ffine or therwise ?

If

( 255 )

If it bee willfiill, such breach of trust may be punished by information ;
but if it be only error of judgement, its otherwise.

A, B, and C, are, by an order of the Councill of State of the i** of June,
1653, appointed ft committee for certaine ends and purposes (prout); the Par-
liament of the 26^ of September following confirmes that order ; the Coimcill
of State is dissolved the 16"* of December, the Protectorshipp and a new Councill
succeeding under a new forme of government:

Quere^ — ^Whether the order of the Councill of State, allthough confirmed
as afforesaidy bee determined ?

I thinke, the order of the Councill of State being in itselfe absolute and
unlimitted, and being confirmed by Act of Parliament, this remaines,
allthough the Councill that made it bee dissolved.

Whether the committee of adventurers had any power over any other then
defective barronys, by vertue of the ordinance of the i^^ of August, 1654 ?

They had noe power but in case of such differences as in are ex-

spressed uppon the defects of the barronyes where the lotts fall.

Whether they could act before they certainely knew which barronyes were
defective?

Now the difference must first be made to appear.

Their ordinance being dated after the Act of Satisfaction, and after the com-
mission and instructions to Cha.Ffleetwood, &c., whereby the lands sett but unto
each man are to be distinguished by their quality, quantity, name, scituation,
&c., whether any rule or method not answering these ends, which the said com-
mittee can contrive, is allowable?

The committee of adventurers have a latitude to compose differences be-
tweene adventurers; but for ascertaining where they undertake itt,
they ought to follow the methods prescribed to others in like cases,
but to be sure they must leave the subdivision with a convenient
certainty.

Whether the registering of the certificat of particular allottment be not ne-
cessary to seisin and possession, and whether the registring the certificat of the
committee of claimes be necessary?

This

( 25« )

This registring is exspressly required by the Act of Satisfaction, both
for the certificat and allottment, and shall well exspound the generall
clauses in the Act 17 of Caroli, and other subsequent Acts, allthough
it bee but an affirmative clause.

The adventurers, after they had lotted for province, county, and barrony,
and obtained certificate thereoff, send artists into Ireland to survey and admea-
sure. These take commission from one Surveyor-Generall, are swome by him,
but paid by the adventurers, and that according to a higher rate then the law
directs. This surveyor offers his survey to the Surveyor-Generall, who refuseth
it, but offereth noe duplicate thereoff to the Register. The Surveyor-Generall
doth not peruse this survey, but, by order of his superiours, appoints another
survey to bee made by other hands, wherein he foUowes the rules prescribed
by the law, and at length receives, examines, and allowes the latter survey.

Quere^ — Whether the former survey made by the adventurers be good ; or
whether the latter doe not over rule it?

The former is void, and the latter is good.

An adventurer, instead of 100 acres, taketh 120 by his owne said survey;
not by any survey, either gross or exact, of the State.

Queref — ^Whether he may purchase the overplus 20 acres at the rates and
on the terms mentioned in the law, or whether the next adventurer bee to sitt
downe thereuppon?

He is an intruder, and not entituled to the indulgence for purchasing,
as in cases where there was a mistake only uppon the estimate in a
grosse survey.

In this case he is not well entituled to the hundred, but much less to the
purchasing the overplus twenty acres; for it was his owne survey, not the pub-
lique officers, and his owne survey is disallowed, and therefore his possesion
to his hundred acres is questionable.

Whether the Act of Confirmation, 1656, doth att all comprehend the
adventurers?

Itt doth not, neither by the purport of itt, if it be well weighed, there
being a sort of persons besides adventurers and souldiers to sadsfie

the

( 257 )

the word (others) used in the Act. But the proviso that this Act
shall not extend to the adventurers makes it cleer.

If it doe, whether it indulgeth all the irregularityes afore mentioned ?
Itt doth not.

I have perused the printed proposalls, and find nothing in them but such

as may conduce to a good settlement.

J. Abchbb.
23 Dec., 1658.

Conformable whereunto are the opinions of M' Hide, M' Allen, and
M' Mosyer.

When these things were at this pass, the IK received the coppy of a strange
libell issued against him at Dublyn, with news of great endeavour there to
undoe him ; and soone afterwards the following letter from the Councill, com-
manding his speedy repaire into Ireland ; with the mention whereoff wee shall
conclude this narrative, and begin that of the Doctors great tribulations, shortly
following.

CHAPTER XVII.

THE Doctors adversaryes in Ireland, having tryed a thousand stratagems
to undoe him, sometimes by raising up one, sometimes another evill re-
port; some times asserting one kind of crime, and sometimes another; some-
times accusing him before the Councill, sometimes causing him to be convened
before the Generall and chief officers ; then setting up a court in the green cham-
ber at Dubljm, under the pretence of decideing controversyes betweene souldier
and souldier; sometimes designing to trouble him at law, wherein they knew
he had noe ezsperience or dexterity to defend himselfe. And these things fail-
ing, they designed, as a pretended favour, to give him the command of a troope
of horse, beleiving that, being noe souldier, he should soon fall into some mis-
carriage, for which they would disgrace or punish him at a court marshall of
their owne packing ; with many other secret stratagems which never came to

IBISH ABCH. SOC. 2 L light,

( 258 )

light, there being few moneths in the yeare wherein he did not hear, in generall
or particular, of some such machination.

But God laughing all these attempts to scome, and the Doctors said adver-
saryes finding that, whilst he was present to cleer and defend himselfe, could
doe him noe harme, about November, 1658, the D' having then been six
moneths absent in England, and great endeavours allsoe then used by some for
a change of govemement uppon the death of Oliver Protector, it was thought
convenient to begin the mine of that family with pulling out the smaller pinns
of that frame wee were in, in order whereunto an Onesdmtu of the Doctors was
dealt with to frame the following libell :

Sight Honourahle:

Since my arrivall, in pursuance to your trust imposed, I have, not without a
great exspence, been industriouse in acquiring the most impartiall intelligence of
the party you desired an accompt and character, which, by variouae appearances
unto persons in severall capacityes, I have attained, and, as I suppose, even into
the intrinsicks of his former transactions, whereof I gave you a full account per
a friend, with the name and quality of the persons averring every particular,
and their willingness and agility to justifie the same uppon legall inquisitt, but
because I have noe answer thereof I thought requisite to repeale some principle
presumptions on your freedome, uppon my single authority, by reason of the
unsafeness of nominating of persons per post.

Now, because mens principles and habitts are best knowne by their acts, as
formerly at length, I shall now in short present you with a narration of his
stepps and progress of his undertaking in the souldiers settlement, vizS he had
then the opportunity of the Lord Deputy and Ladyes eare, as well as his phy-
sician as complying with the then predominant party, and he made the bxdke
of the Major-Generall a party and share in his dengue, whose interest the army
not apprehending, were willing to venture theirs on the satne bottome, espe-
cially being invited by the pretence of a new and unheard of survey, and of a
certainty and infallibility therein, in manner following, a new chart for the sur^
veying instrument was presented, as an invention of great concemement, which
really differed from the old one as 4^ from a groat.

Then about six artists were contracted with to teach other men of meane and

low

( 259 )

low fortune the survey ; and to colour their unfittness, he promised that noe
field man shoidd protract his worke, and he that protracted should bee paid by
salary, to the end he should have noe interest to admitt of any bad worke, and
all this under the eye of one of these six artists, whome he stiled conductors.
Under these colours he marched on to treat with the seraphick gent., D' Worsley,
on the States behalfe, and a committee of the army, whereof the said Major-
Generall was chief, on the behalfe of the army, with whome, uppon noe less im-
partiall then judiciouse debate, he treated ; and the said Major-Grenerall, being
sharer as above, became his security. The heads of the contract were, that he
should admeasure, in one year, every denomination of land allotted to the army
into parcells of fourty acres, and to make conspicuouse bounds thereof; and that
he should subdivide the same into every souldiers proportion, bee it never soe
small ; and that, for his such admeasurement, he was to receive from the State 3^'
per 1000 acres, and for such division from the army 4*^ 3* 4^ per 1000. Now,
no sooner was this contract fully finished, but the said person agreed with the
old surveyors for part of the worke, against whome and whose manner of work-
ing he had declamed as &llaciouse and dangerouse, and had used as the greatest
ground of introduceing his new one. The rest of his worke was intrusted to the
management of his raw artists, both as to field worke and protraction, without
the former pretended strickness of care and conduct. Thus was all his admea-
surement made, but not within fourty acres, nor within one year, as contracted
for, except of the county of Tipperary, whereof he returned duplicates of the
Lord of Strafibrds survey for his owne worke, yett was paid for them at the
rates above said, which came to above 1500^. Itt is fiirther observable, that
whereas, by one clause of his contract, he was not to bee paid for unprofitable
land not exceeding 500 acres in a parcell, and the county of Kerrey generally
such, the surveyors there were countenanced, if not instructed, to retume moun-
taine twenty and fourty acres for one acre profitable, and was afterwards layd
out by him acre for acre, that is, fourty such acres for fourty profitable ; and
consequently hee received his full rate, which was 2000^* gaine extraordinary,
and Ices to the army 10,000*^ per annum, according to careiull computation, and
this in short of his admeasurement Concerning the subdivisions, after severall
transactions, the said person was made one of the Commissioners, or rather the
only Commissioner, for setting out the said lands unto the army, where by his
admeasurement was established, himselfe being judge of the whole charge of

2 L 2 clerks

( 26o )

clerks and artists in subdividing every mans share in the house, being his owne
worke as undertaker, was putt uppon the States accompt, which amounted to
above 2500" ; nor did his designes terminate there, but, being a Commissioner,
amongst others, a contrivance was sett on foot for his further advantage, for neat
books soe called, whereby was excepted from generall lott, uppon the account
of incumbrances, market townes, post townes, libertyes, cittyes, and other im-
proved places, allthough the same, notwithstanding their incumbrances, if any,
were ten times better then common land ; and after the generall satisfaction was
made, such places, per relation, were brought to the Councill by him and his
friends, as discoveryes, and debentures reserved for that purpose placed there
without lott. Soe came he to the north liberties of Liimricke and the post towne
of Ballintoy in Ulster; and the now Surveyor-Greneralls friends to the liberties
of Tredagh, and the Deputy-Surveyor to the county towne of Caveine, and 100
examples ; and to effect this purchase the better, because he protested against
any interest in any debenture, he took advantage, I am informed, of a charitable
act of his Excellency and Ck>uncill, granted unto Mr. Carey his relict, to lay
out 300^* in debentures ; and he, as her agent, under colour thereof, disbursed
vast summes of his owne, and placed them in such discoveryes. Many other
his clandestine deceits, in his subdivision scarce medled with in the ffield, in
stating his accompts, in his receiving his moneyes, in getting up his bonds, in
the adventurers last survey, whereby vast summes of money are grasped in his
hands illegally, and, in particular, a great share of the money received for the
undertakers of the survey was paid to his clerks, and many of the undertakers
left in great misery for want of due payment at this instant ; but because I have
given you a full account hereof in sheetes close written, and my dme is short,
I shall pass by many materialls, and leave to your further consideration these
few observations.

ist. The Councill gave him liberty, after generall lott drawne, to buy 2500*'
of debentures, which, besides his afforesaid underhand purchases, he bought of
the army a remaining part of their debentures.

2dly. Hee hath given no accompt as yett what lands are excepted from the
souldiers satisfaction by his said neat bookes, nor of the odds and complements
of lotts.

3dly. If former reservations will not serve, he aimes at the management of
the adventurers settlement, and, as he pretends, by the coimtenanoe of his Excel-
lency

( 261 )

lency and the Councill, where, noe doubt, he will find discoveries of his owne
concealement, as formerly, to satisfye the remaining or other his debentures.

4thly. The army in generall hath not fully discovered yett his legerde-
maine, yett are they very jealouse of his land, consequently not his friends.

5thly. The summes extorted by the premisses will amount to above ten
thousand pounds, according to carefull computation, in particulars, as in my
former will appeare.

6thly. Nor hath his practise been thus with the State only, but with the
ardsts allsoe by him employed, who, for fear of loss or fall by his greatness, have
been forced to receive halfe of their wages in full satisfaction, more especially
and such whose families wanted bread, as would make your heart relent were
you sensible of it as I am. Is not this cruelty in the abstract, to deny the la-
bourer his hire, to grind the face of the poor, to enter into his neighboures
lands by removing their land marks? Hath not these and the like oppressions
occasioned the former desolation of these lands and effusion of blood out of our
owne bowells? Have they not now provoked Providence to take our Josuah
from among us, which makes our land moume.

7thly. Yett noe adress dare be ventured against him, having shouldered
in as sharer with St. Thomas Herbert and D' Gorge in their places of Secre-
tary, which he undertooke for noe other end then aborting of complaints, per-
sons having better admission then paper, as he hath said in his ostentation;
that is to say, to use his words, he imdertooke and consequently putt noe other
value uppon the place of clerke of the Councill then to keep doggs from his
shinns.

8thly. Tett noe adress dare be ventured against him, being boulstred up
with the presumption of his Excellencys highest favour, whereby hee is come
to the pitch of arrogancy, having carried all things thus uncontrouled, that hee
thinks himselfe fitt to be a princes brother in law, — your Lordshipps may guess
the meaning, — and hath used exspressions equivalent with Wolseyes ego et
rex meue^ and is soe confident of his owne strength that, though his Excellency
carries the sword, yet he beares the buckler, supposing danger can not reach
his M', but throug his side ; and what, besides his owne apprehensions and
common fame, induce me to beleive something extraordinary herein, that uppon
accident, being in company at a mornings draught in a common ale house, his
kinsman, and deputy in his absence, not without ostentation, produced into pub-

Ucke

( 262 )

licke view his Excellencys privy signet, which seemed unsuitable to out reach
a closet, much less to enter an ale house.

pthly. The premisses considered, vizS his subdivision, for which he was paid
4^' 3* 4*^ per looo acres, never perfected but in the house, and that at the States
charge; his payment for Tipperary and Kerrey uppon termesafibresaid; the sci-
tuation of his owne lands, and that in his Excellencys name, without lott, soe
often protested against; the oppression of surveyors under his charge; and,
lastly, his notoriouse presumption and arrogancy, itt is noe marvell his Excel-
lencys interest is soe weakned in the affections of his friends, when he gratifies
his enemyes with their desired advantage in countenancing of this person ; for
be assured, though he be now defended, when ever the next Parliament shall
sitt, there are persons both of honour and courage soe deeply concerned, maugre
all supporters, are resolved to unravell his actions there, where undoubtedly he
will receive his fatall stroake, which wise men foresee sadly to reflect; but,
doubting I shall outrun my time I shall say no more of his mountebanke
practises, having hinted allmost all except his religion, which is rationally con-
jectured a tender of the oath of abjuration will discover.

Tour honours most humble servants.

The cover was directed thus: fforNat: Davenport, Esq', in London.
He will call for this att the Post Office.

Dublyn, 30"* November.

Sir, I pray bee carefiiU of the delivery of this as formerly, and give me

an account thereof by the next.

Yours, &c.

This libell was interrupted by one who made it a trade of opening letters,
who thereuppon seemed to have discovered something very necessary to bee
communicated to the Lord Lieutenant, who was reflected uppon for his &vour
to the Doctor. His Excellency, like a great justiciary to the publique, a per-
son prudent and carefuU of his owne honour, and withall willing to give the
D' an occasion to elude his adversaryes by a formall vindication, called the
officers together, who were att that time come to towne in unusuall numbers,
told them that allthough he had by long exsperience found the D' very faith-
full in what he professed, and very serviceable in his owne and the publique

affidres,

( 262 )

affaires, yett he did not thinke those vertues of his a sufficient protection for
such crimes as were charged in a paper he had received, and therefore desired,
nay urged them to shew their skill and industry in finding out the truth of
what was there suggested.

The officers gave his Excellency thanks, erect a committee for the purpose,
propounded the raising of 500" to buy tooles wherewith to catch the wolfe,
but seeme to decline the libell, and proceed uppon another more laudable worke,
of seeing only what was become of the armyes security, without respect to or
seeming suspicion of any particular person, nay not of D' Petty himselfe ; for,
being exspressly and authoritatively asked, the leader of them denyed any such
thing ; and yett the news at London was, that the Lord Deputy, having by some
late discoveryes of D** Pettys miscarriages been convinced of them, had freely
delivered him up to justice.

That Sir Anthony Morgan, the D" chief friend, uppon the like conviction,
was most forward in the prosecution.

That some of Sir Anthonyes dependants were waiting for the employment
wherein the said D' had miscarried ; that the D" lands were sequestred, his
study and papers sealed up, &c., and, in fine, that the Doctor would never more
bee seen in Lreland.

The news in Ireland was of the same nature, though not in the same degree,
because men by their owne eyes could see falshood in many particulars of what
was told in England ; but what the news wanted as to horrour in L*eland, it
had in extent, for there was noe man who did not talke thereof, nor any table
nor taveme unprovided of a theame to discourse uppon for many days together ;
uppon all which the adventurers who wrought the letter of the 17^ of Septem-
ber, before recited, and engaged for such a reward for the D" service to them,
as whereby hee might have gained neer 2000", grew exceeding cold and suspi-
ciouse ; his tenants grew delatory and full of excuses as to the payment of their
rent; himselfe was discouraged firom improving his estate, and from accepting of
such proposalls as tended to his honourable and happier settlement in the world.
The aforementioned assembly of justiciary officers, afler venting much spleene,
and through their passions letting the world not only peepe into but pore and
gaze uppon the common intention, I meane the less noble and wise of those
officers, propounded the seizing of papers, hanging of padlocks, diving into in-
tentions by fetching foule wast papers back from the dunghill, and seeking for

preparatory

( 264 )

preparatory draughts under the bottome of tarts, &c. Whilst some, more wise
and moderate, withdrew from these actings, others were friendly and couragious,
declared against this fury ; others were crafty, not less maliciouse, laboured to
sugar the poison ; and whilst others of all sorts ran with the multitude, the
debates at length centred in the following petition, viz*:

TO HIS EXCELLENCY THE LORD LIEUTENANT AND COUNCILL.

The humble Petition of the undernamed Persons, on the behalfe of them-
selves and all such as are coneernedinihe Satisfaction of the Arreares of
the Army,

Humbly sheweth.

That your petitioners, by vertue of severaU Acts of Parliament, ought to
have their arreares satisfyed out of rebells lands in Ireland, att the severall rates
in the said Acts mentioned, as by the said Acts more at large doth appeare.

That your petitioners, in the year 1653, in exspectation anduppon promise
of speedy satisfaction of the same, did then voluntarily agree and desire that a
retrenchment might bee made of their growing arreare, which was accordingly
done.

That, nevertheless, to this day the said arreares remaine yett in part unsar
tisfyed ; and the title to that satisfaction which has been given is not, as your
petitioners conceive, sufficiently secured.

Now to the end your petitioners may the better understand their present
conditions, and thereuppon to take such course for their releife and security as
their councill learned shall advice.

They humbly pray,

That there may bee appointed a committee for the army, to examine and
audite the proceedings of the Commissioners for setting out lands to the army,
and what lands came into the Commissioners dispose ; how and to whom, uppon
what account, and by what rule, the same hath been disposed ; what and how
much lands lyeable to satisfaction of arreares remains yett not sett out or con-
cealed, or as overplus in the adventurers security, or otherwise.

That the said committee prepare an authentique booke, whereby it certainly
and plainly may appeare what particular lands have been sett out, to what par-
ticular persons, to the end not only his Highness may know how to put the

( 265 )

same in charge, whensoever in his wisedome he shall judge it just and con-
venient; but allsoe that certaine reference may be had thereto by any Act of
Parliament which may confirme the same.

And in order thereunto, your petitioners further pray —
That all leidger bookes, wast bookes, pie books, and all duplicates, extracts,
certificate, discoveryes, propositions, petitions, orders of the Councill, orders of
the Commissioners for setting out lands, either preparatory, intentionall, de bene
esse, or finall and conclusive, and all charts and mapps, surveyes, and all other
bookes and papers whatsoever which doe or have at any time belonged to the
office of the Comissioners for setting out lands, be forthwith delivered and
putt into the joint custody of the said committee and the said Comissioners
for setting out lands, to be perused, examined, and audited for the ends afibre-
said ; and that the said comittee may have power to send for persons, papers, and
records.

And because the Commonwealth is obliged to sett out lands in satisfaction
of arreares, which can not bee done without charge to them ; and because your
{)etitioners have been sufficiently damnifyed by their forbearance, and by pay-
ment for the survey, and diverse other summes relating to the setting out lands ;
and because your petitioners were not the cause that a worke of this nature
is now to doe ; and lastly, because his Highness ministers can never putt the
land in charge without doeing this, or something equivalent thereimto,

They pray that your Lordshipps would from time to time issue such money
as shall be necessary for the effectuall carryeing on of the said worke.

And they shall pray.

Hab. Walleb. Ch. Coote.

Ant. Mobgan. Hie. Sankey.

Tho. Long. Tho. Coot.

Will. Abnop. Tho. Sadlbb.

Jo. Nelson. Pet. Wallis.

Rob. Obmsbt. Ric. Lawbence.

TuEO. Sandfobd. Jos. Deane.

Rob^. Thobnehill. Ja. Hand.

Jam. Stopfobd. Will. Shaw.

Uppon which was given the following order, and the letter afore recited,
chap. 1 6, dispatcht away for my comming over.

IBISH ABCH. SOC. 2 M By

( 266 )

By the Lord lAeutenaafU and CcuneilL

The Lord Lieutenant and Councill, taking into consideration the humble
petition of severall officers of the army and others, in behalfe of themselves and
all such as are concerned in the satisfaction of the arreares of the army, the
substance thereof being concerning their arreares and security, have, for the rea-
sons therein mentioned, thought fitt and ordered, that Vincent Gookin, D' Wil-
liam Petty, and Miles Symner, Esqrs. (Commissioners for setting out lands to
the army), or any two of them, bee and are hereby authorized and required to
peruse such bookes, surveyes, mapps, papers, and other writings and records in
the custody of the said Commissioners, or of the Surveyor-Generall of lands, or
others, as may any way relate to the matter particularly exsprest in the said
petition ; and further to proceed, either in order to the preparing such an au-
thentique booke or bookes, or otherwise as may answer the ends in the said
petition mentioned and desired. And that the petitioners may receive the
better satisfaction and information in this bussiness, itt is likewise held fitt and
ordered that any such persons, to the number of seaven, as the petitioners shall
nominate, and shall bee approved of by the board, who, or any three or more
of them, have hereby the liberty granted them, from time to time, and until
further orders, to bee allwayes present with the said Commissioners as affore-
said, and as occasion serves to offer their advice, and otherwise to give such
furtherance therein as may bee conceived materiall and necessary in reference
to the premisses. And that the said Comissioners doe not proceed uppon any
part of the worke required by this order, but in the presence of three or more
of the persons nominated and approved off as afforesaid; provided, neverthe-
less, that none of the said surveyes, mapps, bookes, or other papers as afforesaid,
bee made subject to other view ; and that no transcripts be had or taken for
private use, or any alteration made in any of the said records. And lastly, the
said Comissioners are to give an accompt unto this board of their proceedings
herein. Dated att the Councell chamber in Dublyn, the 20^ of December,

1658.

Tho. Hbbbebt, Clerk of the CotmciU.

This order was not satisfactory to many, who said they would rather rott
as prisoners in the Castle then to acquiesse in it, and that they would spend

their

( i67 )

their whole estates in seeking justice elsewhere ; whilst others, greater mas-
ters in this way of diabolisme, told them, that what was short in the order
might be repaired in the persons to be entrusted in the execution of it; and
that, if ends were not answered, and absolute freedome not allowed in their en-
quiries, that it would prove an excellent bridge to pass over the business to some
other judicature, whereby they might better prevaill; and that acquiessence in
the present might better cover the maine designe, and serve an hankerchief to
hide the instrument which was to draw out the Doctors teeth, and possibly
steale the Lord Lieutenants assistance into their design.

The advice being approved of, they choose seaven officers for managing the
business with admirable adresse, vizS Sir Anthony Morgan, as the fittest toole
to worke uppon the Lord Deputy, a person whose intimacy with the Doctor
might possibly make some at least believe that the designe was not pure malice.

Sir Hierome Sankey, who, having been lately knighted, they knew longed
for some adventure to goe uppon.

Captaine Shaw, his brother-in-law, as fitt and able to attend the Knight up-
pon adventures, as hath been allwayes practised, even in the most ancient times.

Collonell Lawrence they knew to be angry with the Doctor for opposing
his mistake, in thinking he might have 20,000^ given him for sweetmeates after
a full meale.

Captain Warren, for his zeale and industry in the bussiness of his accomo-
dation in the barrony of Balleboy , and that the designe might not be thought
the Anabaptists.

Captain Deane, for his skill in accompts, with a dash of resentment in the
case of Captain Sheeres sidlenness ; and —

Lieut.-Collonell Fflower, for the flower of them all, one whome they knew
would sticke at nothing to gett up some obligations out of the Doctors hands,
would bume him and his estate, soe as he might have two pence a pecke for
their ashes; a man of a well-leathered conscience, as well as stomach; one
whome wee are affiraid to begin a character of, least wee should never make an
end of speaking evill of him.

Some few days afterwards there happened some sharpe words betweene
Lieut.-Collonell Warren and the Doctor, which got him allsoe the preferment
of being of the same comittee. Perhapps wee have spoken of these gentle-
men in a way too unlike the rest of this discourse, which was endeavoured to

2 M 2 bee

( 268 )

bee wholly seriouse ; but having said nothing but what the world knowes, and
might as easily been guessed, even without these intimations, nor having
charged his adversaryes therein with noe practice not usuall uppon all like
occasions, wee hope nothing will be taken amiss.

The committee being nominated, the seaven purging pills are guilded by
the Councills approbation, exspressed in the following order.

Blank.

Whilst these things are doeing in Ireland, the Doctor rides night and day
from London, in the latter end of December, and through many hazards comes
to Dublyn, God having kept him safe in the greatest storme that ever was
knowne, as he thankfully construed it, to preserve him for his vindication, soe
as he might dye with a fame suitable to his deservings, for he profest never to
desire greater or better, att the hands of the State and army in Ireland.

Being come to Dublyn, and having informed himselfe of past transactions,
hee desired that there might bee added to the above named committee of
seaven, chosen by the pretended representers of the army, the Receiver-Grene-
rall, Auditors-Generall, and one M^ Jeoffryes, a person well reputed for his
integrity and skill in accompts, that, having given a satisfactory accompt unto
these able and proper ministers of the State, he might all imder one bee dis-
charged both from the State and armyes further question or suspicion. This
was granted by the Councill, as appeatcs by their following order, viz^ :

By the Lord Lieutenant and CowicilL
Ordered,

That D^ William Petty, and the rest of the Commissioners for setting out
lands to the army, doe forthwith proceed to make a booke containing an ac-
compt of all the lands by them sett forth. And itt is further ordered, that the
Auditors and Receiver-Generall, and M' Jeofireys, bee added to the seaven
persons formerly appointed by order of this board, bearing date the ao^ of De-
cember last, making in all eleven, whereoff three ([the] auditors, or one of them
to be always one) are to be a comittee for the ends in the said order exspressed.

Dublyn, the 24*** of January, 1658.

Tho. Herbert, Clerk of t/ie Councill.

The comittee being mett, some of the latter referrees, and some other officers

concerned

( ^^-69 )

concerned in the lands equally with any others, uppon reading the Councill
order above mentioned, about making a perfect booke of all distributions, did
innocently and ignorantly fall in good earnest into debates and contrivances
concerning such a booke indeed, according to the Councill order, and the pre-
tended end of the comittee. Wheras Fflower satt swelling and looking uppon
Warren, as for help, thinking he should this way never bee released of the one
hundred pounds p^ anman he owed the D*"; insoemuch as, being convinced of
the satisfaction he had and was like to give the comittee, hee, att the rising
thereof, fell into the following pangs with George Bate, the clerke who then
attended itt.

I doe hereby certifie that in the moneth of Ffebruary, 1658 (in which
moneth the comittee of officers for inspecting the transaction of satisfyeing the
army did often meet to that purpose), I, meeting Lieut.-Collonell Fflower one
day after their rising, he being a member of that comittee, and that day present,
asked him why he appeared more passionate against D' Petty then any one officer
I observed that day ? To which he, the said Lieutenant-CoUonell, answered,
that he did verily belei^e that the said D' would cleare himselfe of what was
objected against him by the officers, and that, if the said \y would deliver him
up his bond, hee would not speake nor meddle in the bussinesse any further ;
but that he, the said*Lieut.-Collonell, was confident that when the Doctor had
cleared himselfe &om the accusations which then were uppon him, he, the said
IK, would plague him, the said Lieut-Qpllonell, sufficiently. And further, that
the said Lieut-Colloneli Fflower often afterwards meeting with mee, and dis-
coursing of the same bussiness^ uttered words to the same purpose. Wittness
my hand, this 4^^ of June, 1659.

Geo. Bate.

CoUonell Lawrence, hearing how well scruples were cleared, did not thinke
it worth while to come to the comittee, nor, as was conceived, to sitt in com-
pany with such persons, who interpreted orders of that nature according to the
letter, and not according to the inward and mysticall meaning. Within three
or four dayes the news was up and downe the towne, that the comittee had
discovered noe enormity by D' Petty ; whereuppon it was by the malignant
party concluded that the comittee was sett up by D' Petty himselfe, on purpose
to justifie him, and that it consisted of persons which might easily be wrought

to

( 270 )

to that effect ; and that they beleived all Fflowers late rayling was but in shew,
the rather because they knew him fitt for such works of double dealing.

Notwithstanding all popular conjectures, and the guesses of the busy people,
the sober and moderate part of the comittee conclude in the following petition.

TO HIS EXCELLENCY THE LORD LIEUTENANT AND COUNCILL.

Thehumble Petition ofihePeraons named by Ae Officere of the Army^ and
approved by your Lordahippe, to prosecute the Ende of their Petition^
and the Order of tide Board thereuppon^ dated the 20^ of December
laet^

Humbly sheweth,

That your petitioners having oftentimes mett with the Commissioners for
setting out lands, &c., and considered in what manner the booke called by
them the Distribution Booke, should bee made up, and finding that there will
be parchment and other materialls necessary, with which the Commissioners
for setting out lands are not furnished ; and allsoe considering the great hast
required for the perfecting of the said booke, that some use may bee made
thereoff this present session of Parliament, and that it is not possible that it can
bee made up in any reasonable time, without more helpe then the said Com-
missioners can give :

They therefore pray

That your Lordshipps would givellK)rder that such necessaryes, and allsoe
such a number of clerkes, may from time to time be provided, as shall be ne-
cessary for carrying on the said worke ; and that your Lordshipps would give
speedy order herein, in regard that till this bee done the whole worke is att a

stand.

And your petitioners shall pray.

Ant. Moboan.
Job. Dbanb.
Will. Shaw.

The Councill, though they wondered that soe necessary a worke should
sticke at the charge of pen and inke to write it, yett they did by verball order
appoint the said committee to attend them about it, who, to be short, never did,
nor was there any thing more done in pursuance of the Councills above order

of

( 271 )

of the 20*** of December ever afterwards, nor did the committee ever care for
meeting, which is the argument for what hath been allready hinted, that the
booke was but a pretence.

Nevertheless, since the wiser head laboures to make vertue of necessityes, tis
believed that the designe of some afterwards was really to have such a booke,
whereby they might gett the Parliament blindfold to confirme their owne and
friends irregular possessions, and yett clapp in a plausible proviso that the Act
should not extend to confirme the distributions made to any Commissioner im-
ployed in that way, with such other wards and springs to be in the locke as
might only keep the D' out of establishment.

Which designe, when they saw the D' chosen in two places, vizS in England
for one, to be of the then Parliament, fayled, for fear he might sitt when the
members of Ireland were kept out, that other legg of the booke became allsoe
lame, and the whole body of the designe tumbled to the ground as above said.

Notwithstanding all this, the Doctor, not trusting to what reason and justice
might doe against the cry of many in a Parliament like to be very factiouse,
endeavoured, before he went thither, or proceeded much further in the accompt
of distributions, to make an even reckoning with the State and army for what
ever concerned himselfe, vizS nakedly to sett before them what and how much
land he held, and uppon what termes, and withall to demand from them what
he yett conceived to bee his due.

In order whereunto hee applyed himselfe to those persons who, by the
Councills of the 6*^ of Ffebruary, recited in the 14*** chapter hereof, were par-
ticularly appointed to answer hi» desires, by the following addresse :

TO VINCENT GOOKIN, 8UBVEY0R-0BNEBALL, AND MAJOR MILES STMNBR,
BSQRS., COMMISSIONERS FOR BETTING FORTH LANDS TO THE ARMT.

The humble Adresa and Demand of D^ William Petty,

Whereas his Highness Councill for the affaires of Ireland, and the Lord De-
puty and Councill, have, by their severall orders remaining with you, given me
leave to be satisfied II059^^ or neer thereabouts, in debts due for arreares in-
curred for souldiers service in Ireland since June, 1649, P^^ thereof being for
the use of Mrs. Carey and her children ; and whereas their said Lordshipps in-
tended the said lycence as a meanes to repaire the loss of the opportunityes to

bestow

( 27a )

bestow my money att advantagiouse seasons, which my employment as a Co-
missioner with you deprived me of, as allsoe to reward my paines in and about
the said service ; I humbly offer to your considerations, that, by all the satisfac-
tions I have hitherto received, neither of the said ends are answered, but that my
selfe have lost above three thousand pounds, and the State have gained very neer
as much, by the very way and manner of making the said satisfaction unto mee.

Wherfore, in order att least to repaire my said loss of opportunityes, I humbly
demand that the remainder of the said 11059" i8% being 3138** 13' 3* otqaotas,
may bee satisfyed forthwith, with soe much lands as at the usuall rates will
amount imto 6834^^ since the same may bee done without prejudice to the
army, and with less difficulty then by allowing full satisfaction, as hath been
done to many, uppon which accompt I might claime 2191^^ towards the 3696^,
which I demand above my reall debt, the reason of which unusuall and seem-
ingly extravagant demand I humbly propose as followeth :

I St. The said debt of 11059^^ for which I have leave to bee satisfyed, cost
me in ready money 4625 '^ which said summe would have purchased a neat satis-
tisfyeable debt of 14756*^ which exceeds my lycense by the above mentioned
summe of 3696".

2dly. Allthough I had lycense to bee satisfyed for the said 11059*^ yett
have hitherto been satisfyed for my selfe and Mrs. Carey noe more then 7918" 4%
soe as there yett remaineth the above mentioned summe of 3138^ 13^ 3*.

3dly. I have not received in ready 350^ in rent out of all the lands yett sett
out unto mee, nor is there due unto me 500*^ arreare, both which summes doe
not afford mee above eight per centum interest for the said summe of 4625^',
which I have really disbursed in purchase of the said lands.

4thly. The State hath gained seaven hundred pounds in cleare money by
the way and manner of my satisfaction, besides the perpetuall quitt rents of
three thousand acres of lands, and have hitherto saved what I might reasonably
exspect for all the paines, care, and contrivance, losses, calumnies, and dangers,
by mee borne and incurred, by reason of this service, since the 20*** of May«
1656; the totall of which three particulars I leave to your owne estimation.

5thly. That the advantage of enhaunced rates above depressed rates, not de-
signed and contrived, but only observed and computed by me to the States
lawful! and great advantages, will abundantly justifie the above mentioned equi«
table reparation I desire uppon severall accompts.

All

( 273 )

All which reasons and allegations I desire may bee examined with all seve-
rity, as allsoe what ever else relating to the time, manner, and other circum-
stances of my said former satisfactions may have been the occasion of any
jealousie or reproach uppon your owne or my proceedings therein. Dated att
Dublyn, the seaventeenth day of February, 1658.

William Petty.

These recommend the matter backe to the Councill by another adresse of
their owne, dated 18^^ ditto, in these words:

To His Excellency the Lord Lieutenant and Councill.

May it please your Lordshipps,

Doctor William Petty hath exhibited unto us the annexed papers, wherein
he desires as much lands in satisfaction of 3 138" 13' 3^, as, according to the usuall
rates, will satisfye a debt of 6834". The causes of the said demand wee find, up-
pon consideration had of the said paper, to bee such as are more properly cog-
nizable before your Lordshipps then us, especially considering his relation to us
as a Commissioner for setting out lands, and therefore doe presume humbly to
present the said paper herewith to your Lordshipps consideration.

Your Lordshipps most obedient Servants,

ViN. GOOKIN.

Dated the 1 8^ day of Miles Stmner.

Ffebruary, 165!.

Where uppon the Councill would have referred the matter to a few indif-
ferent persons, but the Doctor standing by, as clerke of the Councill, desired
it might be referred to more in number, and even to those seaven officers who
seemed to have soe much the care of the armyes concernements ; whereuppon
the Councill grant the following order :

By the Lord Lieutenant and Councill :
Ordered,

That Sir Anthony Morgan and Sir Hierome Sankey, Knights ; Collonell

Lawrence, Lieut-Collonell Fflower, Captain Joseph Deane, Captain Edward

Warren, and Captain Shaw, being the persons lately nominated by the army, and

approved of this board, for auditing the proceedings of the Commissioners for

IRISH ARCH. soc. 2 N Setting

( 274 )

setting out lands to the army ; the Surreyor and Auditor-Generall, Mr. Jeof-

freyes, and such as are or have been Commissioners for setting out lands to the

army, or any three or more of them, doe consider of the demand and adresse of

D^ William Petty aforementioned, for satisfaction in lands for the summe of

3138" 12' 3*^, to bee sett out unto him, as, according to the severall rates, will

satisfye a debt of 6834" ; as allsoe of the severall reasons by him given for the

same ; as allsoe of what hath or shall bee by him alledged in reference to the

same; and to make a report thereof unto this board, for further consideration.

Dublyn, 21*** of Ffebruary, 1658.

Tho. Hbrbbrt, Gierke of the CauncUle.

Moreover, the D*^ apprehending that the worke would be to strangers trou-
blesome and obscure, prepared the following paper, as a scheme of all matters
to bee examined by the said comittee, without vouching the same as his owne
assertion, it being ridiculouse and obligeing of the question for him to firme
under his owne hand what was ex professo to bee examined by those to whome
he presented it.

The comittee call him to exspound the said paper, which he did, untill
they were soe well possessed of itt as to referr the calculative part thereof to be
further examined by M' Jeoffreyes, whom they allsoe impowered to draw up a
report. M^ Jeoffreys sends for the D'', receives satisfaction in some particulars
which seemed to him to bee twice charged, and thereuppon draws up a report,
and presents it to the committee.

Now whereas any three of the thirteene above named were a comittee,
seaven were present (the rest being most of them out of towne), vizS M' Roberts,
M"" Gookin, M"" King, and M*" Jeoffreys; and of the seaven officers, Gollonell
Laurence, Lieut-CoUonell Pflower, and Captain Warren. The four first, making
some small amendments, and perusing some vouchers, whereby some particu-
lars of the report were grounded, signe the report ; but Collonell Laurence (as
the mouth of the rest) said that allthough he had nothing at present to say
against it, yett forasmuch as the end thereoff was recommendatory (for that was
his very word) for the D'" having more land, the which was against the inten-
tion of the army, he would not signe itt; then calling the rest aside, and whis-
pering a while with them, they allsoe refused itt. The report foUowes.

7V>

( 275 )

To hU Excellency the Lord lAeutenatU and CounciU.

May it please your Lordshipps,

In obedience to your Lordshipps order of the 2 1 of Ffebruary last, made
uppon the addresse and demand of D^ William Petty to the Commissioners for
setting forth lands to the army, and by them presented to your Lordshipps con-
sideration, wee have heard and considered the allegations and reasons where-
uppon the said Doctor demandeth 6834" worth of land to bee sett out unto him,
in satisfaction of 3138^* 12* 3^ only, and what other allegations the D'' was
pleased to offer to us, and doe find as followeth, viz^:

ist. That, by severall orders of your Lordshipps, the said Doctor hath been
lycensed to receive full satisfaction, within the security of the army, for
5581^* 14' 3^; and, in behalfe of himselfe and M" Carey, five-seaventh parts of
one thousand pounds, and the proceed of two thousand pounds layd out in
debentures, which amounts to 5476^* 3' 9^; in all, the summe of 11059" I8^

2dly. Itt doth not appeare unto us that the said Doctor and M" Carey have
as yett received satisfaction for any more then 7918" 4' lo**, in pursuance of
the said orders; so as there remaines unsatisfyed 3139^' 13* 2**.

3dly. Itt appeares very probable unto us, that the said summe of
7918" 4' 10^ allready satisfy ed, and the 3139^ 13' 2*^ which remaines unsatis-
fyed, might cost the D^ in that way whfbh he purchased them 4625**, or there-
abouts ; which said summe of 4625", if a moyetie thereof had been layd out in
the yeare 1655 in debentures, which is alleadged might then have been bought
at the best rate for $* per **, and the other moyety in the year 1656, in deben-
tures, att 6* per ", the whole would have come to 14756", which is 3698" more
then the Doctor hath been yett lycensed to buy.

4thly. That hee offereth to prove, by the oathes of severall men, that the
full profitts of all the lands sett out for his satisfaction exceedeth not, since the
24*** of Aprill, 1657, the summe of 800".

Itt allsoe appeares that there hath been three thousand acres redeemed by
the said D', formerly mortgaged, and that, whilst held by the persons claiming
these mortgages, were subject to noe quitt rent, but are thereby now brought
into charge as to their future quitt rents, besides above 700" in money saved
to the Commonwealth.

Wee allsoe find that your Lordshipps first orders to the Commissioners for

2 N 2 setting

( 276 )

setting out lands (of which the said Doctor was one) did beare date the 20^ of
May, 1656, and that any satisfaction hath been made him for his service in that
employment appeares not, which is humbly submitted by

Your Lordshipps obedient Servants,
ViN. GooKiN. Ra. Kino.
Dated the 3'^ of March, 1658. Edw. Roberts. Rob. Jeoffbeybs.

The next day those four who did signe itt came in person to justifie itt, and
viva voce to answer the objections made against it; and the D' himselfe peti-
tions to have the benefit of itt, which petition of his was reincountred by the
following petition of the said three refusers.

TO HIS BXCELLENCT THE LORD LIEUTENANT OF IRELAND AND THEIR LORD-
SHIPPS OF THE COUNCILL THERE.

7T4« humble Petition of D' William Petty,
Sheweth,

That your petitioner hath been damnifyed for serving as a Commissioner
for setting out to the army (as by the annexed report appeareth) the summe of
3698*^ besides many other inconveniences.

Hee therfore humbly prays a due reparation thereof, and such reward for
his said service as to your Lordshipps shall seeme just.

And he shall pray. W^. Petty.

TO HIS EXCELLENCY THE LORD LIEUTENANT AND THE RIOHT HONOURABLE

THE COUNCILL.

The humble Petition of the Committee of Officers intnuted by the Army for

their Arreares,
Sheweth,

That your petitioners, being ordered by your Lordshipps reference to con-
sider of the allegations in an adresse of D*" William Petty, represented unto this
board by the Comissioners for setting forth of lands to the army, for further satis-
faction of a debt of 6800", which he, the said D', alleadgeth to bee due to him,
your petitioners did accordingly meet with the rest, and by reason wee could
not come to find out what was remaining due to him without respecting what

satisfaction

( 277 )

satisfaction he hath allready received, and by what orders, and finding, uppon
the papers and orders by him produced, your Lordshipps had still a tender
respect that neither the Commonwealth nor the army should bee prejudiced by
any his said satisfactions, wee find that the satisfaction he hath received doeth
very much tend to the prejudice of both, which hath occasioned our not sign*
ing the report.

Your petitioners, therefore, humbly pray that your Lordshipps would be
pleased to grant them a further time to draw up their exceptions, wherein will
appeare the illegality and irregularity of his proceedings in his former satisfac-
tion, before any further satisfaction be given to the said Doctor.

And your petitioners shall pray.

Rig. Lawrence.

Hen. Fflower. Edw. Warren.

Which petition was answered by the Councill as foUoweth:

The petitioners are to attend the board uppon Munday morning next,
to pursue and make good the allegation in the within petition men-
tioned. 4*** of March, 58/9.

Tho. Herbert, Clerk of the Councill.

The said officers being backward, as wanting the causes of their exceptions,
and exspecting intelligence from their confederates, the D^ to quicken them,
presents the following petition.

TO HIS EXCELLENCY THE LORD LIEUTENANT AND COUNCILL.

Zii« humble Petition of ly WilUam Petty
Sheweth,

That allthough the assembly of officers mett at Dublyn in December last
were noe representatives of all the officers and souldiers concerned in arreares,
nor doeth it appeare how farr CoUonell Lawrence, &c., represent the said as-
sembly, and allthough it can be made appeare that the proceedings now in
hand are not for regulation of generall abuses and augmenting the armyes se-
curity, but out of designe to mine and disgrace your petitioner, and allthough

these

( ^78 )

these proceedings before the Councill are but to prepare and enable your peti-
tioners adversarys to vex him hereafter at law, and the enquiries desired tend
only to the same purpose.

That your petitioner, to vindicate himselfe and your Lordshipps who having
imployed him, is willing to proceed any wayes, only begging your Lordshipps
just care of him in the following particulars, viz^:

I St. That of the irregularityes alleadged to be in the whole worke of the
Comissioners for setting oiit lands, those which conceme your petitioners owne
porticular may bee first scanned, and that such your petitioners irregularityes
may bee ascertained in writing, and that such as are parties will vouch the
same, exspressing the names of those persons whom they represent in these pro-
ceedings.

2dly. That your Lordshipps will putt this cause into such a way of try all
as your petitioner, after sentence one way or other, may be lyable to noe more
molestation, but may have reparation for the defamations he hath or shall suffer,
not allowed of by your Lordshipps said sentence, and that there be some se-
curity ascertained for this purpose.

3dly. That your petitioner, having justifyed his owne satis&ction by way of
particular appointment, may have his remainder out of such like satisfactions
formerly made unto and procured by the officers of the army, and especially out
of theires who have signed any of the late petitions or have acted uppon them,
or who were present at their meetings, not having protested against them.

4thly. That if your Lordshipps doubt of the right which his Highness hath
to the enhauncements uppon dear termes assigned to your petitioners by your
Lordshipps, your Lordshipps would give him leave to make good the same in
the Exchequer, allowing your petitioner halfe for the said discovery, and that in
the meane time your Lordshipps, withdrawing your allowance of them to your
petitioner, would give him leave to putt in debentures in lieu of them, such as
have been satisfyed to many others.

5thly. That after your petitioners adversaryes have made what search they
please in the office of Commissioners for setting out lands, in order to a charge
against your petitioner, that then noe further use may be made or required of
the bookes and papers of the said office, excepting such as were delivered out
of other offices thereinto, untill your petitioner have an allowance and quantum
meruit of the said bookes, &c.

6thly. That

( 279 ) *

dthly. That all proceedings, since the i** of December last untill yourLord-
shipps sentence hereuppon, may be published in print, and that some indifferent
notary bee forthwith appointed to that purpose ; and that your Lordshipps would
consider that without this, these proceedings, which may bee a mine to your
petitioner, will be but sport to his adversaryes, allthough they miscarry, they
staking nothing to your petitioners whole estate and reputation.

And he shall pray,

William Petty.

By the Lord Lieutenant and Cotmcill.
Ordered,

That CoUonell Richard Lawrence, Lieutenant-CoUonell Fflower, Captain
Joseph Deane, Captain Edward Warren, Captain Shaw, and the rest of the
o£5cers who have complained against the undue proceedings of D*" Petty in
order to his satisfaction, be permitted to take copies of such orders as have
been granted by this board as the pretended ground and ly cense of such the
said D** satisfaction, or other orders relating to this bussinesse, and that they
prepare a charge under their hands, to bee delivered unto Sir Thomas Her-
bert, Knight, one of t^e clerkes of the Councill, on Monday next, against the
said D'' Petty, as they shall find cause. Dated at the Councill chamber in

Dublyn, the ii*^ of March, 1658.

Tho. Herbert, Clerk of the Councill.

In consequence whereof they present another petition.

TO HIS BXCELLENCT THE LORD LIEUTENANT AND COUNCILL OF IRELAND.

The humble Petition of the Committee of Officers
Sheweth,

That your petitioners, in observance of your Lordshipps order bearing date

the 10^ day of March instant, did repaire to Commissioners office for setting

out lands, exspecting there to have had a view or copies of such papers as were

necessary for the enabling of them to performe the worke required at our hands

by the said order, and desired a copie of D" Pettyes accompt, with his petition

and reasons thereunto annexed, offered to our consideration by your Lordshipps,

uppon which the late report to this board and our exceptions were grounded;

but the D*" is not willing to lett us have any further view of the said papers.

Wherefore

{ 28o )

Wherefore wee humbly pray your Lordshipps further order that the said
papers, with what other papers, books, or mapps of survey as wee shall have
occasion for from time to time, may be shewed unto us, and wee admitted to
copie the same, if wee shall find cause, which wee judge is noe less then your
Lordshipps former order did allow of, but not consented unto by the Doctor, in
regard the same is not clearely exsprest.

Rig. Lawrence. Hen Flower.

Jos. Deane. Edw. Warren.

By the Lord Lieutenant and CouncUL

The Lord Lieutenant and Councill, adhearing to their former of the lo^^ in-
stant, exspect the charge therein mentioned, and formerly delivered by word of
mouth from CoUonell Lawrence unto this board, to [bee] brought in on Wed-
nesday morning next. Dated att the Councill chamber, Dublyn, the 14^ of

March, 1658.

Tho. Herbert, Clerk of the CoundU,

On the 15'*^ ditto their charge called exceptions comes in, viz*:

To his Excellency the Lord Lieutenant and the Right Honourable the

Councill of Ireland,

In obedience to your Lordshipps orders, requiring us to give in our excep-
tions in writeing concerning the satisfaction had and desired by D' William
Petty, and of our not signing the report, wee humbly tender them by him
drawne, viz*:

ist. It doth not appeare to us, having inspected into the nature of the satis-
faction he hath allready had, and what he further demands, that there is any
such legall debt due to the said Doctor as 1 1059^ his whole debentures pur-
chased, as given in to us and alleadged to be all amounting to noe more then
3225" 15* 7^**, or thereaboutes.

2ndly. Itt appeares by the list lately given in to us, that the lands which the
D'^ is now possessed of in the three provinces, according to the Act rates, amount
to 8724^^ 1 1', or thereaboutes, which, if sett out according to the quota off, which
hath been the knowne rule of the army, would pay 11210^, or thereaboutes.

3rdly. That the said Doctor hath endeavoured to charge uppon the armyes

security

( 28i )

security a debt of about 7000^ which isforreigne thereuntOi and, as wee hope to
prove, ought not to be charged thereon.

4thly. That the said Doctor hath reserved out of the generall string seve-
ral! choice places firom diverse of the respective lotts, uppon which there were
noe incumbrances, whereby the qiiota of the army was much lessened, soe that
the lots of Leinster and Ulster fell short of their five seavenths two shillings
per pound; and notwithstanding the D"" was afterwards much importuned by
severall persons in whose lotts the said lands lay, that he would sett them out as
cleer lands, yett he refused the same, and afterwards converted them to his owne
use.

5thly. That the D' hath taken to himselfe the benefitt of the enhaunced
rates of the army without their consent, not having right thereunto, to the great
prejudice of the State and army.

6thly. That the favour that was intended by His late Highness to repaire
the Wexford lott for such lands as were given out to Generall Monke, the said
D' hath taken their benefitt and advantage thereof to himselfe, without right
thereunto.

7thly. That allthough the Doctor, in the sume exsprest in the first excep-
tion, having purchased a sixth part of severall regiments lotts that should have
been satisfyed in the barren lands admeasured by him in Kerrey, which, for the
badness thereof, would not bee owned by the regiments, did, after the said pur-
chase, and contrary to the intent of your Lordshipps order, dated the 15^ of
Ffebruary, 1657, transferr the said satisfaction into other cheif places.

8thly. And whereas the army, desiring to free this honourable board and
themselves from the trouble of many reprizalls, did volimtarily consent and
agree to leave out of their generall string all dubiouse and incumbred lands, up-
pon consideration that the said lands would be a good reserve for reprizalls to
their respective lotts^ in case of deficiency, or otherwise advantagiouse to such
of themselves as should happen, through any mistake in the practise of their
subdivisions, to fall short of equall satisfaction of their remaining debt; the
said D', notwithstanding, against all right, has disappointed them in the ends
afforesaid, by converting severall choice places of that reserve to his owne
use.

9thly . That the said D' hath gathered up the fragments of the armyes pence
and perches that were quitt to the State, and endeavoured to charge the same

IRISH ABGH. soe. 2 O On

( 282 )

on the armyes security. All which is humbly tendered to your Lordshipps con-
sideration by

Your Lordshipps most humble Servants,

Ric. Lawbence. Hen. Fflower.

Edw. Warren. Jos. Deane.

March 15**", Will. Shaw.

On the 18^^ ditto, the D' putts in an answer:

TO HIS EXCELLENOT THE LORD LIEUTENANT AND COUNCILL.

'The Answer of D^ William Petty to a Paper endorsed^ Exceptions against
Doctor William Petty ^ consisting of nine Articles pvtt in the ig"^ of
March instant^ directed to your Excellency and Lordshipps^ and signed
Ric, Lawrence^ Hen, Fflower^ Ediff*. Warren^ Jos. Deane^ and WiUiam
Siaw,

To the preamble running in these words, yiz\-

In obedience to your Lordshipps order, requiring us to give in our excep-
tions in writeing, concerning the satisfaction had and desired by D*" WiUiam
Petty, and of our not signing the report, wee humbly tender them by him
drawne, viz*:

I say that the nine articles of the said paper doe not seeme to be reasons
against the truth of the report signed by Mr. Gookin, Mr. Roberts, Mr. King,
Mr. Jeoffreys, and by them presented to your Excellency and Lordshipps, the
3** of this moneth, wherein they certifie

I St. That I had lycense to purchase lands for 1x059*^

2dly. That the lands I have, or the debentures which I have or must have
to that purchase, have and will very probably cost 4625".

3dly. That I might have laid out the said sume of 3698" to better advan-
tage by an ordinary way.

4thly. That 3000 acres of land have been brought under quitt rents to the
State.

5thly. That the State hath gained above 700^ in money by the way of my
satisfaction.

6thly. That

( 283 ;

dthly- That my satb&ction hath not produced 800" profitt in two yeares.

7thly. That I have had nothing for my service in setting out lands.

And consequently, I say that as the said nine articles neither are nor were
by the subscribers declared to be their reasons against their signing the said re-
port» soe are they not reasons against the demands of a further satisfaction by
me made, the 17^ of Ffebruary last, to the Commissioners for setting out lands,
and by them presented to your Lordshipps, and by your Lordshipps referred,
among others, to the subscribers of the said nine articles by your order of the
21**' of Ffebruary.

To the first articles, running in these words, viz' :

Itt doeth not appeare unto us, having inspected into the nature of the satis-
faction he hath allready had, and what he further demands, that there is any
such legall debt due to the said Doctor as 11059", his whole debentures pur-
chased, as given in to us, and alleadged to be all, amounting to noe more then
3225** 15' 7i^, or thereaboutes,

I answer:

That I never alleadged that 11059" was due unto mee, but that I had ly-
censc to purchase land to that value, according to the rates that other men paid,
nor did I say that 3225" 15' i*' were all the debentures I had.

To the second article, running in the words, viz*:

Itt appeares by the list lately given into to us, that the lands which the
Doctor is now possessed of in the three provinces, according to the Act rates,
amounts to 8724" ii", or thereaboutes, which, if sett out according to the
quota off, which have been the knowne rule of the army, would pay 11 210",
or thereabouts,

I answer:

That the lands which I am possessed off, at the same rates which other men
paid, come but to 745 8^ which is the f of but 10441'', soe as I am over charged
1 267".

To the third article, running in these words, viz' :

That the Doctor hath endeavoured to charge uppon the armyes security a

2 O 2 debt

( 284 )

debt of about 7000", which is forreigne thereunto, and, as wee hope to prove,
ought not to be charged thereon,

I answer:

That I endeavoured not, much less did charge, 7000*^ forreigne, as is alledged,
only I had my whole proportion of land cheaper then other men, but not cheaper
then the State could aflford it, by 458 1", uppon account of 3 1 8 1** due to mee for
arreares of admeasurement, and allowed to be paid me as debenture by your
Lordshipps order of the 16^^ of March, 1656, and allsoe uppon accompt of 1400",
the price of redeeming 2000 acres in Leinster, and 1000 acres in Ullster by me
disincumbred, according to another order of the 20^^ of May following, for which
458 i^S satisfyed as debenture, I am out of purse 1974^9 and more ready money,
which sume, with what my debentures placed on the premisses cost, being 1088",
makes 3062", wherewith, att six shillings per pound, I might have bought
10206" debentures, wheroff the f is 7290", viz*, but 168" less then 7458", the
value of all my lands; soe that I have saved hereby but 50", the price of 168"
in debentures, to ballance all my charge and trouble in proceeding this singular
and extraordinary method of satisfaction, which my employment forced me up*
pon, and which is the only cause of the jealousies now uppon me, as allsoe to bal-
lance the loss of opportunityes anno 1655.

M^. That odd shillings and pence are omitted in the premisses, for the
more easie comprehension of the accompt.

To the fourth article, running in these words, viz*:

That the said D*^ hath reserved out of the generall string severall choice
places from diverse of the respective lotts uppon which there were noe incum-
brances, whereby the quota of the army was much lessened, soe that the lotts
of Leinster and Ulster fell short of their 5 sevenths two shillings per pound ;
and notwithstanding the D' was afterwards much importuned by severall per-
sons, in whose lotts the said lands lay, that he would sett them out as cieare
lands, yet he refused the same, and afterwards converted them to his owne use ;

I answer:

1st. That I neither reserved nor withheld from the string of my selfe, but
with my fellow Commissioners, and that, i**, according to law ; 2*^^% theCouncill

order

( 285 )

order; 3*"', former late preceedents; 4****', the armyes approbation; 5**^'', neces-
sary reason ; 6^', as to the manner, without possibility of fraud.

idly. Noe place or land was reserved by choice, vizS neither for its good-
ness or badness, nor for being more or less incumbred or dubiouse, but for
being under certaine generall rules agreed uppon and allowed. Nor was that
worke of neating and ascertainement of forfeited lands executed by the Commis-
sioners themselves, but by their clerke and others, without any particular pri-
vate direction from the Commissioners, as I beleive ; I am sure not from my
selfe in the least.

3dly. They did not well who tampered with and importuned any single
Comissioner for any thing ; nor was I to blame for not being wrought uppon
by those meanes, but the Commissioners did justly and prudently in disappoint-
ing those who pressed for reserved lands in the manner alledged.

To the fifth article, running in these words —

That the D' hath taken to himselfe the benefitts of the enhaunced rates of
the army, without their consent, not having right thereunto, to the great preju-
dice of the State and army —

I answer:

I St. I never tooke any thing of my selfe, but by the hands and scales of the
Commissioners, both according to their generall commission and particular
order, who acted uppon their oaths, and were trustees of the army as well as
Comissioners of the State.

2dly. I have not the enhancements, nor have I any enhauncements where-
with the officers and souldiers have to doe, or whereby the State is damnifyed,
or without the States order.

To the sixth article, running in these words, viz^ :

That the favour that was intended by his late Highness, to repaire the Wex-
ford lott for such lands as were given out to Generall Moncke, the said D' hath
taken the benefitt and advantage thereof for himselfe, without right thereunto

I answer:

That the north liberties of Limricke did by law belong to the Wexford
lott, and with debentures belonging to that lott I purchased them, allthough I

had

( »86 )

had authority to have applyed any other debentureB for service since 1649
thereunto, viz*, by the order of your Lordshipps, 5*^ Ffebruary, 165I.

To the seaventh article, running in these words

That the D'', in the summe exsprest in the first exception, having purchased
a sixth part of severall regiments lotts that should have been satisfyed in the
barren lands admeasured by him in Kerrey, which for the badness thereof
would not bee owned by the regiments, did after the said purchase, and contrary
to the intent of your Lordshipps order, dated the [5*** Ffebr.], 1657, transferr the
said satisfactions into other choice places —

I answer :

The sixths of debentures which I purchased had neither any particular satis-
faction assigned to them, nor did they accept of Kerrey ; nevertheless, I tooke
satisfaction for such debentures in the coursest barrony of Kerrey, which I
needed not to have done. And in confining my choice to one miserable bar-
rony, who might have chosen in all the three provinces, I was not immodest.

To the eight article, running in these words, viz^ :

That whereas the army, desiring to free this honourable board and them-
selves from the trouble of many reprizalls, did voluntarily consent and agree to
leave out of their generall string all dubiouse and incumbred lands, uppon
consideration that the said lands would be a good reserve for reprizes to their
respective lotts, in case of deficiency, or otherwise advantagiouse to such of
them as should, through any mistake in the practise of their subdivisions, fall
short of equall satisfaction, or, in case none should fall out, it would remaine
as good security towards satisfaction of their remaining debts, the said D',
notwithstanding, against all right, hath disappointed them in the end afforesaid,
by converting severall choice places of that reserve to his owne use —

I answer:

The worke of neating or ascertaining of lands was not instituted or practized
by vertue of any capitulation with the souldiery, but by prescript of the law,
order of the Councill, &c., as afforesaid.

To the ninth article, running in these words, viz':

That the said !> hath gathered up the fragments of the armyes perch and

pence,

( 287 )

pence, and that were quitt to the State, and endeavoured to charge the same
uppon the armyes security —

I answer:

That I gathered up but what the army had quitted to the State ; I must
answer that to the State, not them.

From all which I humbly inferr:

I St. That I possess noe land without order from lawfuU authority.

2dly. That the lands I have did cost me more proportionably then others
usually have paid.

3dly. That I have noe advantages, as to the manner of my satisfaction, but
what my present accusers and many others have procured for themselves, and
doe enjoy ; and this I say, not as recrimination, but as an argument ad hominem,

4thly. That the way of my satisfaction is neither contrary to law or equity,
only itt is singular and extraordinary that I did not choose this way, but was
forced into it, to avoid scandall in my employment, not having dealt for lands or
debentures till three monethes after the body of the army was satisfyed ; yet this
was dearer, less safe, more lyeable to jealousie, then the common, and therefore
allsoe not chosen by me, and is such away as I am willing to change for the
common way, as I have severall times proffered to doe, both of late and here-
tofore.

5thly. That my care to avoyd scandall as afforesaid, and my service as a
Comissioner, hindered me from laying out my money to neer 3700" more ad-
vantage then now I have made by itt.

6thly. That I have received nothing for my three yeares labour and misery,
but am exsposed to calumny, &c., for my reward, and that the State have
gained well by the very manner of my satisfaction. All which, reserving the
liberty of further answer, is submitted by

Tour Lordshipps obedient Servant,

Dated the 1 8*** of March, William Petty.

i6sf.

An

( 288 )

An Aecompt rdaiing to the Proofe and eleering of D^ William Pettyea
Answer to the third of the nine Artidee of Exception against the
Dodor.

There was due unto the said Doctor, as the arreares of one
penny per acre, due from the souldieij for their admea-
surements,

The price of looo acres of land in Leinster, and one thou-
sand in Ulster, at the Act rates,

}

Paid for clearing the above 3000 acres of lands from inctun-
brances,

}

1877^ ^e f of debentures.

1000 ftdl debentures.

4581 extr.

7458"

3181"

1400

4581

Paid by the said D' for the abovementioned arreares of pence, 711

1263

1974

1877" is the f of 2627" debentures; the which, with iooo» t
more, makes 3627" debentures, which, at 6« per ", will I
cost, J

The said 7 1 1^ and 1263", with the said 1088", making in all "|
3062^ is the price in ready money of the lands sett out
to the 1>, the which, according to the rates which other
men have paid in the same places respectively, doe
amount unto, in value, ...

1088

7458
which is the f

of 10441"

The

f

( 289 )

The price of 7458" in lands, being 3062^^ as afforesaid, in
ready money, would, att six shillings per pound, have
purchased of debentures,

The difference betweene the said 7458", which the said
Doctor hath, and 7290", which, by the ordinary way, he
might have had, is 168" in debentures, which, att six
shillings per pound, comes to

10206**

of which the ^

is 7290"

50

u

These calculations are true, odd money for ease excepted, and is answerable
to the report of Mr. Roberts, Mr. Gookin, &c. Dated the 3^ of March, 1658.

Hereuppon, Munday, the 4^ of Aprill, 1659, ^^^ afterwards Thursday, the
7^ of the same, is appointed for an hearing before the Councill.

CHAPTER XVIII.

ON Sunday, the third of Aprill, the Doctor receives the following letter,
and other proceedings from the Parliament, Sir Hierome Sankey com-
ming over the same time to seeke evidence for his wild assertions :

For jy William Petty^ one of the Membere of PariiamerU, and one of the

Clerks of the Couneill in Ireland^

Theee.

Dublyn.

SiB, — ^According to the resolutions of the knights, citizens, and burgesses in
Parliament assembled, made on Thursday, the 24^ of this instant March, the
coppies whereoff I herewith send you, I am to acquaint you that you are to at-
tend the House, Thursday, the 21^ of Aprill next; and I doe herein likewise
send you enclosed a coppy of certaine articles brought into the House against
you, and by their order read on Thursday last ; being all in command to you from
the Parliament at the present, I bid you farewell, and am.

Sir, your loving friend,
Westminster, the Tho. Bampfield, Speaker.

26^ of March, 1659.
IRISH ABCH. 800. 2 P Thuredoy,

( 290 )

Thursday f the 24** of March^ 1658

Sir Hierome Sankey presented to the House a paper signed with his owne
hand, concerning D** Petty, one of the members of this House.

Resolyed, &c.

That the paper presented to the House by Sir Hierome Sankey, under his
hand, concerning D** Petty, be now read.

The paper was read accordingly, and was subscribed Hie. Sankey, and was
entituled Articles of Misdemeanour and Breach of Trust, against D' William
Petty, elected to serve in this House as a Member of Parliament.

Resolved, &c.

That D^ William Petty, D' of Physick, a member of this House, be ap-
pointed to attend the House on this day moneth.

Resolved, &c.

That a coppy of the articles now brought in against D** Petty be sent unto
him into Ireland, and that Mr. Speaker doe signe a letter directed to D** Petty,
with a copie of the articles to bee inclosed therein, and sent to him.

Resolved, &c.

That Sir Hierome Sankey, or such as he shall thinke fitt to imploy in that
behalfe, shall have recourse to such records as are in Ireland, and may have true
and authentique copies of such of them as shall be desired and thought neces-
sary to make good the articles now brought in against D' Petty.

Jo. Smith, Clerk of the ParliamenU
to attend the Commons.

Articles of Misdemeanours and Breach of Trusty against D^ WiUiam Petty ^
elected to serve in this House as a Member of Parliament,

I St. That the said D' hath received great bribes.

idly. That, contrary to the Act 165 [3], ch. 12, page 249, in ScobellsCollec-
lections, he hath made itt his trade to purchase a vast number of debentures, hee
himselfe being the then chief surveyor; and hath used all other meanes to ne-
cessitate others to sell their debentures to him, or else denied to sett them out

their lands.

3dly. That

( 291 )

3dly. That by fraudulent and indirect meanes he hath gott into his hands
vast summes of money from the State, possest himselfe of many thousand acres
of land that he hath noe right imto, having noe claime thereto by lott or con«
sent

4thly. That he used many foule and unwarrantable practises during his em-
ployment of being surveyor and Commissioner, to the great wrong of oilers, and
dishonour of the Commonwealth.

5thly. That he, the said D', together with his fellow Commissioners, have
placed many debentures uppon security that they had noe claime unto, and de-
nyed unto others the security which of right belonged to them.

6thly. That he, the said Doctor, together with his fellow Commissioners,
have totally disposed of the remaining part of the armyes security, contrary to
law, the debt still remaining and chargeable uppon the State.

Hie. Sahket.

These things being att this pass, the said seaven officers, supposing that, in
the D" being thus sent for, his Excellency himselfe was strucke att, and that
hee would thinke what was done was rather in order to some great matter, which
indeed was the common opinion, came to the then Lord Lieutenant protesting
and calling God to witness, that what Sankey had done was by noe advice or
consent of theirs; that the D" oppression would be their great greife and loss,
he being one without whome they could not proceed in the rest of their distri-
bution ; and their only intention was to shew his Lordshipp such irregularityes
in his actings as might procure reproofe enough whereby to take of that inso-
lency and domination wherewith he managed that affaire ; and that themselves
had nothing to say but what was in their exceptions exhibited to the Councill,
nor would they meddle or make frirther in the bussiness.

Notwithstanding all which, they mett dayly ; sent up and downe to all man*
ner of discontented persons, far and neer ; used all meanes to draw out of every
what he could devise to say; revived discontents in those who had cleered
accompts with the Doctor some yeares before ; sent for Worseley, the late Sur-
▼eyor-Greneral, his professed enemy ; tampered with his servants, especially the
most indigent of them ; entertained lawyers ; and, in fine, did whatever could
be thought on, to putt weapons into the hands of this fririouse Knight.

On the other side, the D' prepares himselfe to goe over to answer the charge,
carryeth with him such letters of recommendation as his good friends were

2 P 2 pleased

( 292 )

pleased to load him with. He came to London the 17^ of Aprill, tooke his
place in the House the 19**", and on the 21^, in the morning, before he had deli-
vered two of his said many letters, answered, or rather spake to his charge, to
the following purpose :

Mb. Speaker, — I received your letter, whereby I am appointed to attend
this House as this day. I am here in obedience to those summons, and to re-
ceive the Airther pleasure of this House. I did. Sir, with your letter, receive
certaine articles brought in against me by Sir Hierome Sankey, but doe not
perceive I was required to prepare any answer to them ; for indeed I thinke it
is impossible to give any, those articles being soe generall and con&sed ; for the
substance of them is, that I received great bribes, bought great numbers of
debentures, unwarrantably cousened the State of vast sums of money, the sol-
diers of vast scopes of land, and that I and my fellow Commissioners have used
many foule and unwarrantable practises in our employment, but without any
mention of time, place, person, or other circumstances whereby I might under-
stand what this charge meanes.

Wherefore, M' Speaker, I desire your pardon if I make noe answer to itt,
otherwise then to tell you, in generall, I am not guilty of a title. I promise
you, Sir, I shall be ready, at a very short warning, to give you an answer to
any particular complaint that I ever heard so much as murmured against me.
And truly, Sir, I am not ashamed to tell you that within this three yeares I
have hesurd very many, but, I thank Grod, chiefly from those who are jealouse
and querulous uppon all occasions, and who are practised in a way of protest-
ing against other dispensations of justice, as well as those wherein I have acted.
I tould you, Sir, I should make noe answer to this charge ; nevertheless, I shall
make soe much use of these articles as to take them as a theame and a hint
whereuppon to acquaint you with my carriage in matters of this nature ; nor
shall I uppon this occasion scome to follow the absurd method of the articles
themselves, in my discourses upon them.

Wherefore, uppon the first article, which is, that I received great bribes, I
say:

That allthough I had the honour to be secretary to his Excellency the Lord
Lieutenant in Lreland, in which capacity severall warrants and orders for the
disposing of beneficiall offices, church livings, exemption from transplantation,

pardons

( 293 )

pardons of crimes, and seyerall grants of land, have past through my hands, yett
I assure you. Sir, that I have not made profitt enough to defray the incident
charges of that office, not haying demanded the ancient and accustomed fees
belonging to it, and meerely uppon the accompt of preserving his Excellencyes
honour cleare, and my selfe free from the least appearances of this evill.

I am likewise, Sir, clerke of the Councill, in which capacity tis obviouse
that wee have the meanes to fore-slow or forward mens bussiness, to exspress the
sence of the board in words of more or less advantage to the suitor; besides,
their Lordshipps of the Councill are sometimes pleased to require my poor
opinion in some cases, especially that conceme disposure of lands. And yett,
M' Speaker, all these opportunitys and temptations have gained to me noe other
profitt, perquisite, or priviledge, but the bare salary of that place, notwithstand-
ing wee doe some sometimes extraordinary worke for the accomodation of par-
ticular persons.

I am, M' Speaker, one of the Commissioners for setting out lands to the
army, and, as my enviouse adversaries say, the only Commissioner, and dominus
factotum in the business, though there be a rash mistake in that; however. Sir,
wee distributed as much land as probably might have been sould for a million
of ready money. Our rules have been such as wee have given out lands indif-
ferently, at one and the selfe same rate, which differ in intrinsicke value as much
as ten from one ; and yett, notwithstanding all these temptations, I have not
been swayed to favour by bribery. I have received noe gratuity, not soe much
as of eeatables and drinkables; and have been soe sparing in my negotiations
uppon matters relating to this trust, that I have allready, and can againe make
itt appeare, that I am neer four thousand pounds worse for medling with this
emplojrment. I say, M^ Speaker, near ffour thousand pounds of pecuniary
damage, besides a thousand other inconveniencies, whereof this great accusa-
tion is but one.

As to the second, which is, that I have made it a trade to buy vast num-
bers of debentures when I was chief surveyor, contrary to the proviso of the
Act of Satisfaction, and that I have by injuriouse artifices necessitated men to
sell their debentures, or else to deny them satisfaction, uppon which article

I say.

That the vast number of debentures which I have bought are under 7000" ;
that I have been soe farr from making a trade of it, that I doe not remember

from

( 294 )

from whome a tenth part of them were bought. I was never surveyor by office,
but undertaker by contract, and rather a contriver of the way and method how
many surveyors should worke, then a surveyor myselfe, having never given
any particular directions aforehand, nor made any alteration in their worke
afterwards. I never medled with lands or debentures till this surveyorship,
such as it was, was at an end ; and then, and when the distribution alsoe was
over, I got an exspress and legall leave to buy more debentures then I did. I
have, M^ Speaker, been superstitiously careful! of this proviso of the Act of
Parliament, wherewith I have been long acquainted, uppon the occasion of
other concemements as well as my owne. As for necessitating to sell, I con-
ceive that was not possible ex natwra reiy much less to sell to me. The deben-
tures I bought were of such men as bought to sell againe ; I paid prizes, as if
I ha^ been necessitated to buy. And as for refusing to sett out lands, I say
that all debentures that possibly could bee drawne, by proclamation after pro-
clamation, within about ten moneths time, were satisfy ed in the freest, most
generall, and regular way imaginable. Besides, Sir, there were four Commis*
sioners for setting out lands, any two making a quorum ; so that in effect there
were three quorums of Commissioners besides my selfe, any whereoff could have
sett out lands without me.

To the third article, which is, that by fraudulent and indirect meanes I
have gotten into my hands vast summes of money from the State, and possest
my selfe of many thousand acres of land whereunto I have noe right, I say that
I never had any money from the State by way of giil or donation, but only by
contract; that such contract was the dayly worke, for four moneths together, of
the Councill, grand committees of officers, committees of artists, admitting the
advice of whomesoever thought themselves concerned, and att length reviewed
by his Highness councill at law ; that I never received money by this contract
untill I had first been sufficiently tortured by references, reports, examinations
of all kinds; that the summe which I have received exceeds not 17000'^; the
worke that hath been done for this summe was the admeasurement, ffield by
field, of twenty-two countyes, within thirteene monethes time, which was
thought the worke of as many yeares. Of this 17000^, the souldiers pud about
halfe, and did make this contribution of their owne accord, through my interest
with them, and the good opinion they had of my performance. That the sur-
vey, as it now lyeth, I verily beleive, will not be left by the State for more

money

( 295 )

money then it cost them, allthough the principall use of it be now over; all
which, Sir, have been signes that the State hath not been soe egregiouslej
cheated as is alledged. Besides, Sir, itt seemes a foule reflection, not only uppon
the present Lord Lieutenant, but uppon the late Lord Deputy Ffleetwood, as
allsoe uppon the Councill, the surveyor, auditor, receiver, and Attumey-Grene-
rall, and severall other ministers of State, that they should bee soe frequently
and soe grossely cousenned by me of such vast summes ; nor is it less arrogance
for any one stranger in these affaires, not famouse for his sagacity, to smell out
those frauds and cousenages, which soe many ministers of State, acting in their
proper spheares, could not.

As to the many acres of land I am posessed of, I tould you, M** Speaker, that
I had dealt for about 7000'* in debentures, and I tell you that my lands are but
proportionable to my debt, and have cost me more ready money then an;f man
I know hath paid for the like, and that money soe bestowed hath not produced
to me halfe soe much as I could have made by itt at the interest usuall in Ire-
land ; besides, I have noe lands but by e2cspres6e order from the proper dispensers
of it, and those againe grounded uppon other orders of the cheife authority of
Ireland, and their orders, as I am very well advised, correspondent to the laws.
I confess. Sir, there is a singularity in the modes of one or two of my satisfac-
tions, but this singularity is a prejudice to noe man but my selfe, a convenience
to some and an advantage to the State, and is such as I have offered to change
into the high common road of other mens satisfactions, which hath been opposed
by some peevish and forward persons, meerely out of hopes to make that singu-
larity appeare a crime against mee.

As to the fourth article, which is that I have used, both as surveyor and
Commissioner, many foule and unwarrantable practises, to the wrong of particu-
lar persons, and dishonour of the Commonwealth : to this, Mr. Speaker, being
so generall, I know not what answer to make ; only lett me tell you, I should
be glad to see one instance of this nature made good in the same manner, as to
see some extraordinary rarity of art or nature, allthough it were to my cost or
damage ; ffor. Sir, if I have not been in a dream these three or four yeares, and
drunk with selfe conceit, the practises which I have used, both as surveyor and
Commissioner, are such as I can glory in, that is to say, to have admeasured,
as I told you, twenty-two countyes in thirteene moneths time, with the chaine
and instrument; to have done this by the ministery of about one thousand

hands.

( 296 )

hands, without any suit of law, either with my superiours or with them ; to ha^e
maintained this survey stiff and stanch against the impugnation of some thou-
sand diligent find-faults ; to have freed my selfe and suretyes by the consent and
mediation of ffourty-five officers of the army, a greaternumber, Mr. Speaker,
then usually voucheth any act called the armyes ; to have assigned satisfaction
for above twenty thousand debentures in such away as hath admitted of noe
chopping and changing afterwards, and soe as a slight coppy out of our booke
is accepted in courts of justice as a good evidence, meerly by virtue of the na-
turall justice and validity whereuppon itt stands. To have done this under the
eye of the cheife authority, without ever receiving any checque or reproofe for
what was done, or without being bid soe much as to take heed, or doe soe noe
more, and, which is more than all, Mr. Speaker, that God gave me courrage to
oppoBe the greatest persons, though allways with due respect to their condition,
meerly to maintaine strickness of rule, allthough, Sir, those worthy persons have
afterwards accompted our severity their security, and have thanked us for itt
The truth of it is, Mr. Speaker, this kind of severity to those that could not
beare it hath made us enemyes, whereas corrupt partiallity would have made
us a kind of friends : and this is not the course of corrupt and guilty ministers.

And as to the two last, which conceme the other Commissioners as well as
my selfe, and indeed soe doe many of the others, I shall say nothing to them
more then to tell you that my fellow Commissioners are grave persons, men of
tryed knowledge and integrity, not apt to deceive, or easy to be deceived. Mr.
Speaker, they are men that scome to bee lead by the nose by any man, much
less by such a youngster as I am. I will not deprive them of the honour to vin-
dicate themselves, if there be occasion, only I shall say a word to the last o£these
articles, which indeed is more capable of answer then any of the rest.

Tis said that all the security of the army is totally disposed of, but is noto-
riousely knowne, that of lands good and bad three himdred thousand acres yet
remaine ; and whereas tis said the debt is still left uppon the State, I tell you
that the lands which have been sett oiit have paid as much debt as is chargeable
uppon them by the law ; insoemuch as my enemyes, whose ignorance is of a
contrary nature to this gentlemans, complain that the lands sett out have been
extended to pay too much debt.

Here you have, Sir, my generall observations uppon this generall charge ; I
have given you allegation against allegation, allthough, Sir, I am ashamed to

use

( 297 )

use that way of defence ; but, as it hath been your patience to hear me make
them, soe I shall esteeme it my honour and advantage to bee putt to prove them,
even to a title.

Having spoken to my accusation, I should say something to my accuser ; but
flesh and bloud being too prone to recrimination, especially when there is much
matter for itt, I shall forbeare ; besides, Sir, it is not necessary I should describe
him, for if a man hold up his hand, or any other object, between the sun and
a white smooth wall, without any art or industry, the shape and proportion of
hand or object will appeare uppon the wall, though blacke and deformed. Soe,
Sir, I presume that when this person is placed betweene the light and the un-
prejudiced smoothness of this House, his shape and dimensions will appeare in
like manner.

Mr. Speaker, there is more of malice and crooked designe in this business
then every man is aware of, and truly I beleive more then this gentleman is
capable to conceive himselfe, therefore I desire you to have a care of me, both
as a man and as a member of this House, at least for a while, untill you know
me and my business further. My employments have made me many enemy es, nor
have I had the opportunity to make scarce any friends. The adventurers for
lands in Ireland have, with much artifice, been wrought into an opinion that I
am their enemy, which I am not. I have, Sir, been industriouse to serve them,
and the settlement of the nation in their affaire, ffor which the better part of
them give me thanks ; I have offended the imaginations of some jealouse per-
sons, in order to doe common justice and right unto all: let them not offend me
but upon like grounds.

I have. Sir, been so weary of the calumnies I lye under, that I have often en-
deavoured to bring my selfe to a tryall, and I was to have been tryed and heard
within three or four dayes after I received your siunmons ; but my adversaryes
have done more for me then I was able to doe for my selfe, they have brought
me to the best tryall, to the highest and noblest judicature: I say, they have
brought me to this foimtaine of justice, and I willingly throw my selfe into it,
to bee washt from all that is foule and superfluouse about me.

'As for the manner of my tryall and vindication, I committ it to the wisedome
and justice of this House. Nor am I soUicitouse about the event of it. I have
been in towne this four dayes without having spoken to any member concern-
ing the meritt of my cause. I have advised with noe lawyer, allthough I have

IBISH ABCH. Boc. 2 Q retained

( 298 )

retained severall. I have been only studiouse to recollect what I have been doe-
ing this three or four yeares, which might occasion this heavy charge ; but, Mr.
Spealcer, I can remember noe fact whereof I am either afraid or ashamed. Where*
fore my earnest motion is, that instead of these heapes of calumnies and reproach,
I may receive a more distinct and particular charge, whereby I may bee putt
in a way to vindicate my selfe effectually.

Having ended this discourse, the knight replyed, as neer as the memory of
such as were present can recollect, much to the following purpose, and even the
very words, holding many papers in his hand, viz^:

Mr. Speaker,

Tou have heard here a long, starcht, studied speech ; I say, a

Sir H. Sankys starch. Studied peice. Mr. Speaker, there has been a great deale

of rhetorique ; I say, a great deale of rhetorique. But I will prove
my charge : I will make it good, Mr. Speaker, from the front to the reare, front,
flanke, and reare ; Mr. Speaker, that I will. I have not much rhetorique, but I
have my papers here ; I have fetched them here from Dublyn ; here they be in
my hand ; I have them ready, Mr. Speaker. Here be foule things ; I will prove
them. I warrant HI prove them, Mr. Speaker. He says, Mr. Speaker, that he
hath not taken bribes — not bribes? O strange ! Really if he hasnt taken bribes,
then he hath taken nothing. Not bribes I — sure he hath lost his memory ! I
thought he would have confest that. If he had but as good a memory as he has
confidence, hee would confess that, Mr. Speaker : hee must have confidence.
Really, he wants it; for I have foule things in these papers here. Not bribes?
Mr. Speaker 1 Why, there was Lieut-Collonell Fflower, Mr. Speaker, gave him
a bribe. Lieut.-CoUonell Fflower came to him with an order for land, and the
D' asked him what he would give him ; Lieut.-Collonell Fflower said loo", but
the Doctor said, Fish ! pish I Fflower, willt thou give me noe more ; thou shallt
give me i oo*' a year, Fflower, that thou shalt ; and soe, Mr. Speaker, Lieut.-Collo-
nell Fflower gave him loo'^ a year for a bribe. In my judgement, now, this was
a bribe : for what was it else, Mr. Speaker? And, Mr. Speaker, there was Cap-
tain Sands. Captain Sands came for a reprizall ; but, said the Doctor to him,
will you give me your house, then? His house in Oxman-towne, Mr. Speaker,
next to Sir Robert Meredith there. Will you give me your house. Captain
Sands ? said the D'. Now if this was not a bribe, twas an inducement to a bribe.
Soe Captain Sands was glad to give to the D' his house in Oxman-towne, that

he

( 299 )

he bought of Adjutant-Generall Allen, and to make a writing for it; but after-
wards Captain Sands would have his writeing againe, and the Doctor would not
give it him ; soe they fell to strugling, and Captain Sands was glad to teare the
writings all to peices. I say, Mr. Speaker, this was an inducement to a bribe ;
but I have fouler things in my papers here that I brought from Dublyn ; I say,
from Dublyn, Mr. Speaker.

Whilst he went on at this rate, the House fell a talking one with another,
till at length one, who had some other business to move, desired that the gen-
tleman might bring in his charge in writing; but another answered, that the
gentleman had his papers, and that all was in writing allready. Another moved
he might have time allowed to understand his papers. Another, fearing when
Sir Hierome had done, that something of an ill nature would bee moved, desired
that Sir Hierome niight proceed. This motion seemed to Sir Hierome like
Afisuerus holding out the golden sceptre to Esther. Whereas he suddenly
rose up againe, and said : — Why, then, M^ Speaker, there is Captaine Wink-
worth came with an order for the liberties of Limrericke ; but the Doctor said,
Captaine, will you sell ? will you sell ? Noe, said the Captaine, tis the price of my
bloud. Then said the Doctor, tis bravely said ; why, then, my noble Cap*
taine, the liberties of Limricke are meat for your masters, meaning the Lord
Deputy. Now, M' Speaker, who dishonoures my Lord Deputy, the Doctor
or I ? Li my judgement, now, the Doctor doeth. Then, M' Speaker, comes
Lieut.-Collonell Brayfield for land ; but the Doctor asked whether he would sell ?
He said. No. Then said the D^ Litleman, Litleman, there is land for you
beyond the moone. I have more yett, M' Speaker ; there bee fouler things
yett; this is but halfe.

Hereabouts interposes another, saying, M^ Speaker, I admire you soe much
forgott your selfe as to hearken to these private quarrells, and neglect the pub-
licke. Another, who himselfe used to speake like Sir Hierome, and loved such
discourse, desired the gentleman might proceed.

Sir Hierome starts up then, and said : — M' Speaker, I must speake, for I
have foule things. Why, there is Balleboy, the barony of Balleboy , M' Speaker ;
the D' has 7000 acres in the barony of Balleboy, that he has noe right to. And
then there is the od pence, that he has taken them all to make his debt swell ; he
has 18000 acres, and his debentures come but to about 5000 acres. Ffor our
debentures, M^ Speaker, comes many times to five shillings two pence ; hee

2 Q 2 takes

( 300 )

takes the 2^ to himselfe, and pays only 5*. Then there is another thing,
M'' Speaker, I have it here in my papers, and that is Straffords survey ; the
I> gives in a duplicate of Straffords survey, which never cost him 20", and
receives 1 100*^ for itt. These bee foule things.

Here another moved againe, that he might putt his charge in writing, and
that the House might proceed to the business of the day ; which motion, the
House being weary in ezspecting some materiall thing, was seconded, and a
weeks time allowed Sir Hierome to put his charge in writing.

Vpp starts Sir Hierome againe, and said, M' Speaker, I have but one more
short motion to make, which is, that all the originall mapps and books of refe*
rence which the D' keepes, contrary to the Act of Parliament, may be brought
into the Exchequer ; for those are the bookes uppon which wee hold our estates,
those are the records ; and if wee have not those, M** Speaker, wee may be all
undone.

Hereuppon the D*" answered, saying : M' Speaker, the surveys uppon which
the souldiers deeds are and must bee grounded are allready delivered into the
Exchequer, and are kept there as records. The papers hee mentions are cer-
taine foule draughts of plott, signed by noe man, confused, imperfect, hard to
be understood, &c., which might be a distraction in the Exchequer, but are of
noe use, the fair and authentique vouched books which have been made out
of them being in the Exchequer allready. Besides, M' Speaker, if these papers
were either needfull or due to the State, I wonder why they have not been
required any time these two yeares. If the gentleman who desires them hopes
to prove any of his articles by them, I am contented they may be secured.
Then replyed some friend of Hieromes : But, M' Speaker, the Act of Parlia-
ment requires them. Whereuppon I answered, that the Act required only
what was the States owne to be putt into the States hands ; I desired it might
be first tryed whoose goods those bookes and mapps were ; if the States, they
should have them at an houres warning; if the D", they should buy them of
him, at a very reasonable rate.

Soe then it was moved that it might be left to the Lord Lieutenant and
Councill of Ireland to dispose of those papers according to law, and ordered
accordingly.

' This being over, the House fell uppon the militia, and the right of disposing
thereof, which debate was resumed in the aflemoone ; but Sir Hierome was

not

( 30I )

not present, but busied about a more effectuall worke, whicb was the dissolving
of the House that night, wrought firom his then Highness, and the next day in
effect executed.

The next day afker, being Saturday, the House being dissolved, Sir Hierome,
meeting the D', said he heard he exspected repairations. The I> told him
he did soe. Hee answered that he had not yett done with him, but would
have another bout with him before his Highness and Councill. The D' told
him he would waite his summons. By this time they were both come to my
Lady Fleetwoods chamber, where my Lord being present, uppon some occasion
given, the D' bid Sir Hierome picke but two or three of the foulest articles,
such as he could most easily prove, telling my Lord Ffleetwood that he would
stand to his judgement uppon them, or of any others whom his Lordshipp
should appoint. But my Lord said they had all their heads too full at that
present, but that hereafter he would doe something. The D' staid a weeke
longer, exspecting the summons Sir Hierome spake of, but, finding none, re-
paired into Lreland, where news was that himselfe was detained in England
prisoner; that, all the ports having been laid to take him, he had been stopt.
There were allsoe endeavoures to have him sent backe againe into England as
a prisoner, pretendedly for not taking notice of what Sir Hierome talked of.
He arrived in Lreland about the twelvth of May, and the i6^ of Jime following
was employed to carry to the Parliament the then Lord Lieutenants letter of
acquiessence.

Some time before, the Doctor having been well assured that new articles
were preparing against him, for the long Parliament, he procured the seven
officers who corresponded with Sir Hierome to meet, where he propounded to
them that whatever was singular or extraordinary in his assignements of land
he would translate into the common way, propounding a satisfactory method to
put the same in practise, referring itt to the care off authority to provide him a
reward some other way for the service he had done the State and army. This
was not hearkned to, without opening any reason why it was not ; whereuppon
hee went into England, spake with CoUonell Sanky, found him externally
soe civill as to promise him not to attempt any new exsploit without acquainting
him with it. Nevertheless, without any such notice, hee putts in the articles,
with an intention to deprive the D^ of the benefitt of the Act of Indempnity then
in passing; but herein God did disappoint, allmost miraculously, soe that he

hath

( 302 )

hath the pardon which he never shall appeare to want; the whioh articleSy with
the order of Parliament thereuppon, are as followeth, viz^i

Articles of high Misdemeanours^ Frauds^ Breach of Trusts, and severaU
other Crimes^ presented against D^ William Petty by ColloneU H. Sankey.

i8t That whereas the said the Doctor was, by the late authority of the
Lord Lieutenant and Gouncill of Ireland, intrusted as a Commissioner, with
others, for setting forth of the forfeited lands to the officers and souldiers there,
according to their severall and respective arreares, the said Doctor, contrary to
the said trust, and contrary to all good conscience and right, hath, by his owne
arbitrary power, and through the undue complyance of his other fellow Comis-
sioners, possessed himselfe of fifteene thousand four hundred eighty-
three acres of lands, belonging to the souldiers security, which, according
to the rate of the Act, and to the quota or rule for satisfaction of the army, doeth
amount imto 10188^ 12'; whereas, uppon a strict examination and inquisition
made by a committee of the army appointed thereunto by an order of the said
Gouncill, it doth appeare that he hath noe right to claime any lands for more
then 3480^ 18*; to the plaine damage, therefore, of the armyes security, and
defrauding the Commonwealth of 67x1^ 18', as is ready further to be proved
uppon record.

2dly. That whereas the said D**, uppon his request to the late Lord Lieute-
nant and Councill, had license from the said Councill, by an order dated the
5^ of March, 1656, to redeeme or disengage lands in what place soever he
should choose, within the three provinces of Leinster, Munster, and Ulster, not
exceeding 1000* in each province, provided that the lands to bee redeemed
were mortgaged for more then their value, did, according to their respective
rates of the Act, really amount unto, provided allsoe, that nothing were done
by occasion of the said redemption to the prejudice of the Comonwealth or of
the army; and whereas by several! accompts, as allsoe by severall other papers
given in by the said Doctor himselfe, the said D' uppon his repute hath
affirmed that the said redemption did really cost him 1262^ lo*. Itt hath
allsoe appeared to the said committee, and is ready to be proved, that part of
the said lands soe redeemed by the said D' were mortgaged for such summes as
were under the said Act rates; part of the said lands were unduely and collu-

dvely

( 3^3 )

siyely gotten by the said I> by way of fraud or reward, without any money or
valuable consideration att all disburst for them ; and part of the said lands were
wrested by the power of the said D' out of the hands of an o£Scer of the army,
to the great loss, injurie, and oppression of him.

3dly. Whereas sererall regiments of the army falling in one division toge-
ther, did by agreement amongst themselves, and for the better equalizing one
lott with another, conclude on certaine rates to bee sett on severall barronyes,
some above, some under those mentioned in the Act; the benefitt or advantage
of all which enhanced prizes were, according to the intention of the said agree*
ment, to bee applyed only to such regiments as were within the said division.
Itt hath allsoe uppon examination appeared that the said D', contrary to his
duty and trust, did not only obstruct and withhold the benefit of the said sur*
plus due to some of the said regiments, but, without any colour of authority or
consent of the said regiment or of the army, arbitrarily and unjustly apply the
said benefitt to his owne private use.

4thly . The said D*", under colour of making a neat booke, or contrivance
so called by him, to avoid all inconveniences to the army of falling uppon lands
mortgaged, decreed, or otherwise given away to any Protestants, did leave out
of the lott of the said army, and of the severall regiments of the same, many of
the chiefest places and seats that were belonging to their whole lotts respec-
tively, and did putt in many others knowne to be incumbred, granted, and
given away uppon the claime of Protestants ; which choice and pict places, soe
purposely left out by him as afibresaid, itt hath appeared that he the said D^
under the pretence of an order of the CounciU, procured at the instance of him-
selfe, did possess himselfe of and convert to his owne private advantage and
use, to the great prejudice and damage of the whole army, and contrary to all
justice and right.

5thly. Whereas uppon consideration and performance of severall articles
and conditions entred into and imdertaken by the said D', the said D' was,
according to the said articles, to receive firom the army, and from all persons to
whome lands in satisfaction for the souldiers arreares were to be given, one
penny upon the acre, as doth more at large appeare by the said contract; the
said D'' having gott into his hands, under pretence of the said agreement, above
8000", yett did never performe severall of the said conditions articled for with
him, notwithstanding some of the conditions never yett performed were the

msdne

( 3^4 )

maine of those that were undertaken by him ; and yett, nevertheless, by vertue
of the power and interest hee then had, did gett up his bonds given in for the
said contract, and did obtaine an order for cancelling the said contract, to the
great wrong, prejudice, and disatisfaction of the whole army.

6thly. Whereas the said summe of i^ uppon every acre of land lyeable to the
satisfaction of the army, if the whole admeasured within the security of the
souldiers had been actually sett out by the said D', did amount only unto
8393" 3*; and whereas the said 8393" 3* the said D'' hath acknowledged to
have received from the severall lists and regiments of the army, 5728" 3' being
the full, and more then the lands sett out by him to the souldiers^ did, at the said
rate of one 1^ per acre, amount unto ; and did further receive an order from the
Councill for the collecting of a penny per acre uppon all persons whatsoeever
that were not comprehended in the said Act, and were to have any lands satis-
fyed uppon loose debentures, which accordingly was putt in execution by a
standing rule in the office of the said D', and was the utmost that therefore
could possibly be demanded by the said D% either according to the letter or
equity of the said contract; the said D', notwithstanding the said full satis-
faction ordered unto him as aforesaid, under colour of the said pence, and under
an undue suggestion and pretence that the said 5728^ 3* was by his contract
to be made up by the Councill the summe totall of 8393" 3*, and without any
other right, did receive in money, by warrant from the Council!, 2665*^, to
make up the said summe of 8393^* 3' as affbresaid, besides the further allow-
ance of 421" 10* 6^ and 440" lo* 8^, more then could uppon any accompt
strictly be required by him, and yett, not content with this wrong putt uppon
the Councill, did allsoe, uppon the same pretence that still there was but part
of the said pence paid to him by the army, and by colour of an order of the
Councill, dated the 6^ of March, 1656, which, referring to an order of the 1 1^
of February foregoing, did respect noe such thing, claime and receive as a debt
due to him the said 2665 'S soe actually paid, once againe, and ^16^ more, that
was unworthily forged and falsifyed by him, as appeares by accompts given in
by himselfe, to the cousenage of the Commonwealth of 5846", and to the dis-
honest and inconscientiouse gaining and receiving to himselfe a payment and
satisfaction, under pretence of one and the same thing, three times over.

7thly. That notwithstanding the severall unwarrantable practises of the said
D', for the gaining of the chiefest and the richest land within the security of

the

( 3^5 )

the anny thus unjustly into his owne hands, yet such was the exorbitancy of
the said D', and soe great was the coyetuouseness of him, that he did further
press the rest of his fellow Commissioners for to sett out lands to him to the value
of 3696", oyer and above all that had been before unduely gotten by him, and
that without any authority or debenture, or valuable consideration whatsoever,
that was offered by him, as appeares by the addresse itselfe of the said ly, dated
the 1 7*^ of Ffebruary last, in which, nevertheless, he soe farr prevailed, and, by
the multiplicity of many intricacies and pretences feigned and devised by him,
soe much amused the rest of his fellow Commissioners, and some others joyned
with them (to whom the said address was referred), that they wholly agreed to
the said illegall and unreasonable demand of the said D', making a report on
his behalfe to the Councell, that he might have the said summe demanded by
him, untill the said committee of the army ordered by the Councill to inspect
the said D" satis&ction as afforesaid, by detecting some of the frauds that lay
in the pretences of the said D'^, did putt a checque to the said proceedings.

8thly. That whereas many worthy and well affected persons, who adven-
tured their lives in the Commonwealths service, did obtaine severall orders from
the late Lord Lieutenant and Councill, some for the satisfaction of their arreares,
others for the reprizall of lands taken away from them in other places, uppon
the satisfaction of which did depend the greatest part of their outward substance ;
the said D*^, without any respect to the State or compassion to the condition of
the said persons, or regard to the honoures and command of the said Councill,
contrary allsoe to all justice, and contrary to his duty and trust, did usually
delay and tire out the said persons in exspectation, purposely raising severall
objections and di£Sculties in discourses to them, to the end he might worke them
to a composition with him, or unjust rewarding of him with allowing him a
part of the said lands which ought to bee sett out to them, or by selling their
debentures, orders, and interest at under rates to him, or by some other wayes
of gratifyeing of him, to the horrible and unspeakeable wrong and oppressions
of many persons, some of whome allsoe, if hating such a sinful! complyance, and
out of conscience refusing to make soe unjust an agreement with him, have been
highly affronted and derided by him, and have not to this day received that
satisfaction that is due to them : the trueth of all which, in every of the particular
circumstances of it, is ready to be proved uppon oath by the testimony of many
godly and conscienciouse persons of the army.
msH ABGH. soe. 2 R pthly. In

( 3o6 )

pthly. In like manner, whereas the D' did receive great and advantagiouse
rates for the survey and admeasurement of the said lands of the said souldiers,
more then double to any that ever was given by the publieke, to the value in
the whole of twenty-two thousand pounds, or thereaboutes, accompting what
was due to him and wrongfully gotten by him ; and did agree, on the contrary,
with severall of his under surveyors for the performance of the said worke at
much lower, meaner, and smaller rates then ordinary ; yet after such agreements
made att such disproportionate rates as affbresaid, such nevertheless was the gre-
diness of the said D^, after his owne particular profitts, without any regard to a
good conscience, that he did frequently delay the payment of the said surveyors
according to their agreements made with him, and represents severall objections
and scruples to them, untill, by wearying them with a tediouse attendance from
time to time uppon him, he forced them to a composition with him, and to the
abatement of considerable summes to him, and yett giving discharges for the full,
to the great loss and damage of the said poor men, the particulars allsoe of which
are ready to bee made appeare uppon oath by the testimony of many knowne
and credible persons among them.

lothly. That whereas the said D^ both as a Commissioner and as an under-
taker for the survey, was obliged to observe severall rules and instructions that
were given him, in order to the more speedy, equall, just, and secure settling
of the army, and of the interest of the respective persons therein, the said D',
slighting and neglecting the said rules and instructions of the Councill, hath,
both as a Commissioner and undertaker for admeasurement, from time to time,
and in severall cases, acted in a way alltogether unwarrantable and arbitrary, to
the dishonour of the Councill and prejudice to the Comonwealth, and to the
damage of the just rights of many persons ; the particulars of which are likewise
ready to bee proved by the oaths and testimonyes of the said persons soe injured
by him.

Lastly. Whereas by an Act made in the warr 1656, entituled, an Act, &c.,
for Attainder of the Rebells in Ireland, itt is therein exspressly commanded and
directed, that all books, mapps, plotts of survey, and other writings and things
concerning the surveying, admeasuring, distributions, and disposing of the de-
linquents lands in Ireland, which was in the hands of any persons whatsoever,
should, within three moneths after the publication of the said Act, bee brought
into, lodged, and placed in the Exchequer of Ireland, there to remaine uppon

record

( 307 )

record for the service of the Commonwealth, uppon the penalty of loo", and
imprisonment without bayle or maine prize, to whomsoever should doe contrary
to the said Act ; the said D' hath not only kept all the originall plotts and
surveyes of the said souldiers lands, and the duplicate of all bookes of admea-
surement sent in by him, contrary exspressly to the said Act, and that without
any knowledge of or lycense and directions from the Councill there for his soe
doeing, but still doeth keep and retaine all the said papers by him, together
with the whole relating to the satisfactions and debt of the army, to the hazard
of the Commonwealth interest, and dissatisfiu^tion of the souldiery .

Ffor all which misdemeanoures, wrongs, ffrauds, and other abuses of the said
Doctor, done in high contempt of the authority of the lawes of this nation, and
to the prejudice of many of the good people of the Commonwealth, your peti-
tioner prayes the justice of this honourable board.

Hie. Sakkbt.
Thuesday, July the 12*"*, 1659.

Articles of high misdemeanoures, frauds, breach of trusts, and severall other
crimes, presented against D' William Petty, by CoUonell Hierome Sankey, were
tendered to the Parliament.

Ordered by the Parliament, — That the said articles bee referred to the Com*
missioners for managing the Government in Ireland, to examine the severall
particular misdemeanoures, frauds, breach of trusts, and severall other crimes in
the said articles charged and mentioned; and the said Commissioners, or any
three or more of them, are hereby fully authorized to hear and determine the
same.

Tho. S'. Nicholas, CUrk of the Parliament.

2R2

NOTES

NOTES.

CHAPTER I.

THE historjof iheDownSarrey i« tiiohiatoryof thetnottreroarltableworkofavnjdit-
tingaiBhed man, and forms an euentiBl portion of his biographj. It it also the cloung
act of OOP and the opening of another eventful chapter in the local hiitor^ of Ireland, and this
acconDt of it b; the author contains manj autbeotic papen not before printed. The; ex-
hibit the obstructions and (USculties which beset the worb iirits progress, and the iogenuit;,
perseverance, and abilitj, with which they were OTercome. Such are the lights and shadows
of every great work.

The survey itself is well known, but a personal narrative of the author must always com-
mand an interest peculiar to itself. Sir William, then Dr. Petty, came to Ireland in 1S53, aa
Physician to the Forces, and to the household and family of the LieuL-General, and his reason
for nndertaldng a labour so remote from the ordinary pursuits, and even from the nanal
stniUae of his profession, as a general surrey of the country, may naturally be sought for.

In the " Reflections upon some Persons and Things in Ireland" be anticipates this questioD,
and states that he " thought the whole work would have been over (as on my part It was) in
about two years' time, so as to have proved rather on unbending than a breakiDg of that bow,
wherein I aimed at natural knowledges." Aodf "that the measuring of as much land-line,
by the chain and needle, as would have near four times begirt the whole earth in its greatest
circle, and to have such an admeasurement remain upon record, and that to have performed
SBcb a service (being useM to all mankind) for a victorious army, the first that ever totally
subdued Ireland, would have been as great an honour as any other atchievement I could make
in so much time ; and tbe rather, hecaiue I should thereby convince muiy worthy persons,
that what they men told to be above seven years' work, might (to their great accommoda-

( 312 )

tion) be dispatched in one ; and that the same noble army might not be abased by an abanrd
and insignificant way of surveying, then carrying on by Mr. Worsley." And again, '* I thought
that, besides the ordinary reward agreed me^ I should have received monumental thanks ;
not considering that too great merit is more often paid with envy than with condign re-
wards." And that, '* by attempting new difficulties, to have stretched my own capacities
and intellect; the which Qike leather on a last) is not only formed and fashioned, but much
extended by such employments.** And, " I hoped hereby to enlarge my trade of experiments
from bodies to minds, from the motions of the one to the manners of the other; thereby to
have imderstood passions as well as fermentations, and consequently to have been as pleasant
a companion to my ingenious friends as if such an intermission from physic had never been ;
for you see. Sir, how by this means I have gotten the occasion of practising upon my own
morals, that is, to learn how, with silence and smiles, to elude the sharpest provocations, and
without troublesome menstruums to digest the roughest injuries that ever a poor man was
crammed with."

In the first page of our history he shows, that he was far from inactive in the duties of his
professional office (which in his will he states that he continued to hold till June, 1659) ; that
he was able to introduce valuable economic reforms into that department, and to follow also
the private practice of his profession, for which he states in the Reflections that he '* forbore
to take fees, for fear they might be intended to bias my actings in my other trusts and ca-
pacities.*'

In this account of Dr. Petty 's first connexion with the survey, it is not necessary to follow
the acrimony with which he comments upon the imdertakings or performances of his prede-
cessors ; but the faults to which he adverts, and which he proposed to remedy, were, that the
payment was excessive, that there was no mode of examining the work, and no security for its
correctness.

If, as would appear by the context and by what follows, the survey consisted merely in
measuring the outline and giving the content of the several estates which were returned by
the civil survey as forfeited, and that the payment was made in proportion to the area, while
only the perimeter was measured, it is obvious the payment would increase in a much higher
ratio than the labour, and the greater the necessity for examination and test, the more difficult
they would become. It would also appear, that the survey of unprofitable land, not being re-
quired by the Act, was not paid for. This, doubtiess, exposed the surveyors to the tempta-
tion of increasing their estimate of the quantity of profitable land. It will be seen that Dr.
Petty was paid also by content, t. e. per 1000 acres, and that, though he was paid for the un-
profitable land also, it was at a lower rate. This would present the same temptation in a
smaller degree, but the different nature of the survey, and of his payments to his surveyors,
will be seen to afford a sufficient preventive. The delivery to the claimants of their land by
mere estimated subdivisions, would have been uncertain and unsatisfactory, and there can be
no doubt that a survey made according to these intentions, would have been very imperfect,
even for its own purposes, and, oontuning no topographical information of a general nature^

would have been useless as a map.

CHAPTER

( 3^3 )

CHAPTER II.

PagesS^ld.

Tub report of the Committee of Survey, dated 1 1th May, 1654 (pp. 4, 5, and 6), shows the
basis on which Mr. Worsley was then working, and defines the course he had to follow. It
provides, in three preliminary recommendations, for ascertuning the lands to be surveyed,
and defines in six articles the kind of survey required; by which it is clear that a survey by
estates is what the Committee considered necessary, no territorial boundaries being required;
and that barren land was not to be surveyed unless lying within profitable land, and then only
for the sake of being excluded from it, such land, whether so situate or beyond the mearing of
the estate^ having to be ** cast in." A seventh clause fixes the payment at forty-five shillings
per 1000 acres, for all land surveyed according to these instructions. The two remuning
clauses (which are incorrectly numbered in the manuscript), defer the survey of Church and
Crown lands, and lands not forfeited, as also of lands claimed by English proprietors, or in
controversy.

It does not appear that Mr. Worsley was the author of these instructions, or responsible
for their imperfections, further than that he may have been an individual (perhaps ex officio)
member of the Committee. They appear to have replaced a stiU more imperfect system on
which he had been working, viz., merely measuring the surrounds of whole baronies, for
which the payment was by the thousand acres also. Of this earlier work, the Grosse Survey,
only a few fragments remain, and they are confined to the terriers or lists of lands, with brief
descriptions. The maps, if any were completed, are wholly lost. And even for the imper-
fection of that work it would be harsh altogether to condemn Mr. Worsley, who was guided by
the original ordinance, and probably acted under the orders of persons desirous only of haste,
and regardless of the quality of work produced, though so largely interested in it. Such is
commonly the case, and it required the commanding mind and determined energy of a man
like Petty to frame a better system, and afterwards to carry it out, as will be amply seen by
the subsequent narrative of hia own proceedings, frequently, however, leading him to regret
he had ever embarked in the work at all.

In the report from the Committee of the 24th September, 1654, at pages 8 and 9, we have
the Doctor's objections as urged by himself, and his offer to remove them by a more perfect
work. The opening paragraph of this offer contains the substance of the whole improvement
in a few words. To survey mere barony boundaries, as was first designed in 1653, or estate
boundaries only, as subsequently recommended by the committee of May, 1654, was obviously
insufficient for the purpose. The barony was too large a space to be subdivided with any
accuracy, except by subsequent survey, and the old estate boundaries were not to be adhered
to in the ultimate partition, the whole unforfeited land being the space to be subdivided.
Dr. Potty's proposition solved the difficulty at once, by the simple means of surveying all
known territorial boundaries, all the natural divisions of the country, whether rivers, woods,
bogs, or other ; in fact, to make a general map of the forfeited lands in the three provinces,

IBISB ABCH. SOC. 2 S and

( 3'4 )

and by that to set out such auxiliary lines and limits as should enable the ultimate subdi?i-
sions to be made without additional surveying. That he might not appear to supplant the
former surveyors, or deprive them of their reward, he consented to pay them for all they
had done, so far as he could make use of the same, and to execute the whole work for
£30,000, or £6 per 1000 acres, thus appearing to estimate the probable amount of forfeited
land at five millions of acres.

The boldness with which he undertook to bind himself, by pecuniary responsibility, to per-
form this immense work in thirteen months, may well have startled, *' graveUed," as he calls
it, all opponents. It would have been the extreme of rashness in an ordinary man, but was
doubtless justified by that self-dependence and confidence which such a man as Dr. Petty
well might feel in himself and his own powers. He had discovered the great principle of
division of labour. The mind was yet young, which in later life produced the Political Arith-
metic^ Political Anatomy, and other works of the like nature, making him almost the founder
of what we now call political economy.

In a manuscript called a " Briefe Account of the most materiall Passages relatinge to the
Survey, managed by Dr. Petty in Ireland, Ann. 1655 and 1656," preserved among the papers
of the Down Survey, in the Record Branch of the Office of the Paymaster of Civil Services
in Dublin, and printed with the preface to this volume, he details his arrangements. It is
extremely curious, and deserves careful perusal. It was the good fortune of the editor,
nearly 200 years later, to see similar foresight and arrangements exercised on a far larger
scale in another survey of Ireland, by one who possessed many of the qualities which distin-
guished Sir William Petty, and who also succeeded in carrying his great work to a successful
close, under circumstances and obstructions, many of which bear a striking analogy to those
which this history will show to have attended the Down Survey. This may give the narra-
tive a peculiar value to those who are conversant with the more modern survey, but it will
show to all, the importance, nay, necessity, of clearly scanning a work as a whole before enter-
ing upon it, and that similar circumstances will perhaps, in all ages, produce similar measures,
though each be perfectly independent of the other.

The remainder of this chapter exhibits great jealousy, or perhaps, it may be charitably
hoped, extreme caution, on the part of Mr. Worsley, to which is attributed a reference of
the subject to another Committee, which, however, ended satisiactorily, as its report fully
confirmed that of the former, in recommending the adoption of the Doctor's proposals.
Dr. Petty's remarks, here as elsewhere, in regard to the surveyor-general, must be read with
a knowledge that Mr. Worsley afterwards joined with the Doctor's great enemy. Sir Jerome
Sankey, and that this history was not written till after the close of the litigation between
them, which may be supposed to have embittered all his recollection of Mr. Worsley's earlier
measures. The objections being " clandestinely made ;" the nomination of friends of Wors-
ley's to the second committee; the '* business of Carricke,*' and other personalties, of the 1 Ith
page, bear marks of anger which would have been better omitted. They, however, show the
difficulties which beset the work from its very commencement, and are perhaps necessary as
a prelude to much which is to follow. The difficulties indeed were only such as most men

who

( S'S )

who dare to move in advance of their contemporaries, or their day, are sure to experience. The
Doctor's proposals, however, were ultimately accepted, and the committee of officers embo-
died them into six articles, which they recommended to be made and concluded. They also
stated, that the old surveys have appeared on examination to be of very little use to the
Doctor's undertaking, and therefore ought to be paid for either by the State or the pur-
chaser, and consent that one penny per acre be paid for that purpose by the army, in addition
to the " £S per ihovaaxkd formerly proposed." There is some obscurity in this, unless it was
a payment formerly proposed to have been made to Mr. Worsley for the estate survey, of
which there is no mention, or that the Doctor made another offer in accordance with the
Act, which will be adverted to in the notes to the next chapter, nor is any light here thrown
on it by the context.

Dr. Potty's offer was £6 per 1000 acres. The payment of£S, with one penny an acre from
the army, or £4 3«. 4d,, per 1000, making up £7 Ss, 4d. per 1000 acres, was the payment
afterwards recommended, and finally contracted for, with the Doctor, in regard to the forfeited
profitable lands. The Church and Crown lands subsequently thrown in, from which there was
no such contribution, were to be surveyed for £3 the 1000, as were also the unprofitable
lands. A set of barony and county maps, for which he was to receive £1000, was also to be
made, the more full detidls of which several works will be subsequently found in the articles
of agreement.

The order '* By the Commissioners," &c. &c., at page 7» is only a repetition of the order
in page 4, but it recalls attention to the circumstances, and is printed because it occurs in all
the manuscripts.

" Chergeticall," page 7» line 20, is the same in all the copies ; no meaning has been disco-
vered for it. In the King's Inns copy there is a pencil note, suggesting that *' energetical"
may be the word intended.

The word '* ingeniously," page 7» line 22, is " ingenuously" in the Lansdowne manuscript.

The obscurity of the paragraphs relating to payment, in page 15, is increased by the want
of a comma after the word '* proposed," in line 11.

CHAPTER III.

Pages 16-18.

In this chapter Doctor Petty agun meets the objections of Bfr. Worsley, and answers them,
as it would appear, before tiie council.

Among other things he speaks of the survey of Connaught during the government of Lord
Strafford, which survey has been known by his Lordship's name, and will be again adverted to
hereafter. The paragraph in page 16, indicates the mode in which it was paid for, and it is
to be remarked tiiat he speaks of Connaught having been, at the time of its survey, ** a well-

2 S 2 planted

( 3i6 )

planted and accommodated conntrey.'* This, howeyer, was probably only for the sake of con-
trast with the state of that in which he was to work, which had been so recently the theatre
of a desolating civil war, and was from that cause, perhaps, more especially "overgrown with
rushes, shrub-wood, bog, and other impediments.*'

The rate at which the Strafford Survey was paid for is not now known, but in regard to
the payment '* allowed by the Act" for the present work, it is set down by the " Instructions"
appended to the Act, at £S per thousand acres to the surveyor, with a salary of £400 a year
to the surveyor-general.

'' The adventurers give much higher rates." It is not known what the adventurers paid
at this time, but much, if not all their work, was afterwards performed by Petty and Worsley*
and the subsequent acts of settlement and explanation condemn the adventurers' surveys alto-
gether, while admitting the Down Survey as conclusive evidence.

Of the offer made by Dr. Petty to survey the Church and Crown lands for X2600* there
is no other record.

The Doctor also, at the instance of his opponents, is urged to ** discover" to the comicil
the manner in which he intends to execute his extraordinary proposal, for such, no doubt, it
was, and he does so with the proviso that his security be lessened if it be found satisfactory.
He then explains the division of labour, which will be found more fully developed in the
" Brief Accompt" already referred to. His instruments were, for the most part, manufactured
under his own direction. He employed artists in the office, computers for calculations.— and
upon the field-work, ** it being a matter of great drudgery to wade through boggs and water,
climb rocks, fare and lodge hard," &c., he " would instruct foot souldiers, to whom such
hardships were familiar." This was a notable violation of precedent, and was afterwards
dwelt upon.

CHAPTER IV.
Pages 18-30.

Fresh obstructions continued to arise, ** even," he says, '^ as my wiser friends had fore-
warned me." Among others, the former surveyors presented a remonstrance, on which
Dr. Petty was agun summoned to the council-chamber, and required to answer it. After
which the Surveyor-General, who he calls here the " Generall of the Surveyors," again ap-
pears to lead the host in opposition, when once more the Doctor is called before the council to
answer the charge of intending to employ soldiers to measure " their owne and officers lands,"
which " would be scandalouse." This objection was easily satisfied. They were to be sur-
veyors, not distributors, and could not know to whom any land would fall ; and as their work
would not be protracted by themselves, but by other persons in the office, they would only be
answerable for the correctness of their measurements, which would be subject to independent

test.

( 3^7 )

test, and such MsiBtants could be readily obtained in any nmnbers without waiting for others.
He then very reasonably claims the right, as he is responsible for the work, to choose his own
hands for performing it. Next it was objected that he was about to employ papists ; to which
be replied, that it was no more dangerous to have the measurer a papist than the man who
pointed out the boundaries (the meresman), who, for the most part, must be so.

Then the Provost of Trinity College prohibited his employing the scholars of the College.
After which, as a climax, Mr. Worsley proposed, that all surveyors to be employed should be
examined, in the first instance, by him, and that all the office parties should be paid by the
State, *' to remove their dependence on the Doctor." These propositions would have been
firtal to his due authority, and he accordingly met them boldly, by denying the competency of
Bfr. Worsley to examine the surveyors ; by proposing, if the former surveyors were to be ex-
aminers, he should himself be allowed to examine those surveyors before the council ; and, by
remarking that if soldiers were not proper to be employed in the survey, neither were their
officers (which Blr. Worsley*s superior assistants were) proper judges of the surveyors.

This appears to have satisfied the council, who accordingly order, that it be referred to
the Attorney- General, the Commissioner-General of Revenue, and the Surveyor- General, to
consider of the articles prepared and agreed upon between the council of officers and the
Doctor, and to draw up a legal contract.

On the 11th December, "after a solemn seeking of God, performed by Colonel Thomlin-
son,** the articles of agreement, nineteen in number, were completed; and, on the 25th Decem-
ber, 1654, ratified by the remarkable signature, among others, of Miles Corbet, who then
resided at Malahide, that ancient castle and lands having been granted to him, and, till the
Restoration, diverted from an unbroken descent in the ancient line of the Talbots, who, with
the exception of that brief interval, have held it from the time of the Normans to the present
day. On the same day, the Uth December, on which the articles were agreed to, it was
resolved, at a council of war held at Corke House (which stood near the Castle Gate, the
name being still retained in that part of the street called Cork Hill), that the army should
contribute the penny an acre before adverted to, of which one-third was to be paid forthwith,
the remainder after the survey should be completed, and possession gpven.

The articles, it will be seen, are in conformity with the Doctor's proposals, and the recom-
mendation of the committee. They enjoin a survey of all forfeited lands in the ten half-
oounties mentioned in the Act of the 26th of September, 1653, for the satisfaction of the
adventurers and soldiers, viz. : Limerick, Tipperary, and Waterford, the King's and Queen's
Counties, Meath, Westmeath, Down, Antrim ; and Armi^h ; also within the counties of Wex-
ford, Wicklow, Kilkenny, Kerry, Longford, C^rk, Kildare, Tyrone, Londonderry, and
Donegal, *' which shall be set out as satisfaction for the arreares" of the soldiers 3 also, " all
forfeited, not yet &posed of or set out" in Dublin, Carlow, and the remaining part of Cork ;
and of all Church lands and Crown lands.

In explanation of these clauses it is necessary to mention, by reference to the Act before
quoted, that at the breaking-out of the rebellion in 1641, an Act of the Parliament of
Charles L (17 Car. L) declared the lands of the rebels forfeited, and called for contributions

in

( 3'8 )

in money from all persons willing to assist in quelling the rebellion, such contributions to be
secured on the lands forfeited, at a certain rate, via. :

1000 acres in Leinster for £600.
„ Munster for £450.

»

Ulster for £200.

In redemption of this, after the rebellion was finally quelled, the Council of State, on the 1st
of June, 1653, appointed a commission, which was to sit at Grocer's Hall in London for this
purpose, as related to the money so advanced by the *' adventurers ;" and another on the 32nd
of the same month, to the Lord Fleetwood and others, to sit in Dublin for the same purpoee,
as related to the army, which was also to be paid its arrears in lands. Of the latter there
were various classes of claimants : those who had served since 1640 ; those who had also served
before that time; those who had been already disbanded and settled on lands i the widows,
maimed and wounded soldiers, and some others. For these purposes, by the Act of 26th
of September, 1653, the forfeited lands in the ten counties first-named were set apart: one
moiety for the adventurers, the other for the soldiers. If these proved insufficient, the county
of Louth, with the exception of one barony (Ardee), was to be included ; also the land
bordering the coast in Connaught, beginning from Sligo, within four miles of the sea and
the western bank of the Shannon ; — ^the " transplanted*' persons, who, from the other pro-
vinces, were removed into Connaught, being excluded firom that belt,- and confined to the in-
terior ; — and finally, if these proved insufficient, all other forfeited lands were to be made
available for these and the various other " publique" debts, with certain precautions and re-
servations. This, with the addition of the Church and Crown lands, and subsequentiy the ad-
venturers' moiety of the forfeited lands, led to the long list of counties embraced in the Down
Survey, which ultimately extended over the greater part of twenty-nine counties.

All these, when profitable, were to be surveyed, showing the lowest denominations known
in the several counties, as plough lands, townlands, &o. When unprofitable, less rigour was
exacted, and by a subsequent article the Doctor was to survey and protract separately the
bounds of all the baronies within the before-mentioned counties t " That perfect and exact
maps may be had for publique use of each of the baronyes or oountyes aforesaid." These
conditions were doubly useful. The townland boundaries were then, aa now, generally the
boundaries of properties, therefore of forfeitures, and frequentiy of grants ; by which se-
parate measurements for those purposes were rendered unnecessary, and the whole ftoiished
material for a general map.

The articles are also rigid and exact as to the delivery of plots and field-books, and define
the amount of security and mode of payment, all in accordance with Dr. Potty's propositions
and previous agreements.

CHAPTER

( 319 )

CHAPTER V.

Pages Slw42.

The artieles being duly ratified, Mr. Worsley discontinued the former surveys, and discharged
the persons employed upon them. Dr. Petty completed his securities, and warrants were
issued:

1st. For men to show the meres.
2nd. For abstracts or lists of the lands to be surveyed,
drd. For access to such records or surveys as might be of use.

4th. To appoint a committee of officers to consider how the said work might be begun,
and proceeded upon, as to the final subdivision.

The second of these was obviously the first to be executed in order of time. The warrant
of the council on the subject is dated 20th December, even before the articles were formally
ratified. The commissioners of civil survey were appointed under the commission from
the council of state of June, 1653, confirmed by the Act of 26th September following, for the
purpose of ascertaining what lands were forfeited, and what extent of land in each case, with
a view to the transplantation into Connaught, and the setting out of the forfeited lands among
the adventurers and soldiers.

The duties of these commissioners, and the classes of claimants called adventurers,
soldiers, officers, &c., are so clearly described by Mr. Hardiman, in the Appendix to the Fif-
teenth Report of the Record Commission^ that it is only necessary to refer to that able paper
for full elucidation.

In the recommendation of the committee under which Mr. Worsley had begun to act
(see page 4), it was recommended, that the surveyors should ascertain the forfeitures them*
selves, by aid of juries, in the several counties. It is probable that, at that time, the commis*
sion of civil survey was but little advanced, and it will be seen that the delay and uncertainty
with which the preliminary information was furnished to Dr. Petty, operated prejudicially to
his labours. The time for completing the survey ought, therefore, in strictness, to have dated,
in each locality, from the delivery to Dr. Petty, of the lists, or terriers of lands to be surveyed.
As this delay was not foreseen, and therefore not provided for in the articles of agreement, he
was exposed to difiiculties he had no adequate means of meeting. In order to a clear under-
standing of the civil survey, and gross surrounds, which were to be executed under the original
eonunission, an example of the instructions issued to the persons employed in them b given in
the Appendix.

The next warrant, the execution of which was necessary, was, to provide persons to show
on the ground the meres and bounds of the lands contained in the return of the civil survey.
These persons ought, if possible, to have been nominated by the civil survey commissionefs,
for the mutual security of the Commonwealth and of Dr. Petty, that the lands surveyed were
those described by the Commissioners. This may have been impractioabley and the surveyors,

by

( 3^o )

by delegation from the Doctor, were accordingly authorized, by an order of the Lord Deputy
and Council, dated 20th of December, 1654 (which occurs also at p. 39, dated 12th of April,
1655), to " cause fitt and able persons" to show them the metes and bounds. This power
is given in the same order with that which enables them to take carriages and horses, and to
obtain billets or lodgings, paying at rates to be fixed by the commander-in-chief of the dis-
trict. It will be remembered that many of the surveyors were soldiers, and these powers
will be found to correspond with those of the Mutiny Acts of the time, which are retained to
the present day, but with the important difference of the civil magistrate being now the ar-
biter, instead of the local military authority. It may be remarked, that, taking into account
the relative value of money at that time and at present, the wages were extremely good.

The third authority, viz., for access to records and papers^ is contained in the same war-
rant as the direction to the commissioners of the civil survey, and was easy of execution.

The fourth, the appointment of a committee of officers, is perhaps the most important of
all. Dr. Petty may probably be considered as in reality speaking through them. Their re-
port is not dated till the 25th of December, the day on which the articles were ratified, and it
is directed to the points on which difficulties were to be apprehended, viz., first, as already
adverted to, the ascertaining what lands were to be surveyed, on which subject the order in
council had already issued, enjoining the lists and abstracts to be furnished with all convenient
speed. In this recommendation a definite period of thirty days is named, and the approvals of
the court of claims and of the Surveyor-General are interposed, to insure correctness. In the
order of the 20th the lists were included with other records. They are here looked upon as a
distinct and guaranteed authority for the survey. This would Hz on the Surveyor- General
any delay which might occur on points beyond Dr. Petty's control, or, by making him cogni-
zant of it, prevent his pleading it afterwards as breach of contract on the Doctor's part.

While Dr. Petty saw this difficulty, he was also alive to one still greater, viz., the sub-
division among the soldiers of the lands after they were surveyed, to which the remaining re-
commendations are directed, and there can be little doubt that it would have been better to
have viewed it from the first as a separate operation. This, probably, the impatience of the
governing power, which was virtually the army itself, would not allow ; and in these recom-
mendations, accordingly, we find provisions, which, if fulfilled, would remove the difficulty, or
if not fulfilled, would remove all blame from Dr. Petty. In fact, the Doctor's contract was
to survey, to map, first, the total and detail of the lands forfeited, which could not be done
till they were pointed out to him, and then the portion of each individual, which could not
be done till their claims were ascertained ; and it wUl be seen that nearly all his difficulties
and heart-burnings arose on these points. The survey itself was rendered comparatively
easy by his foresight and arrangements, and it was an operation peculiarly suited to his
analytical turn of mind, and methodical habits. The stem determination by which he con-
trolled all under him, and the force of will and energy to which all around him gave way, were,
however, severely taxed in the progress of the work, more especially on these latter points.

On the instructions given to Dr. Petty by Mr. Worsley, the Doctor makes no comment.
They appear^ however^ to be very carefully considered and drawn up, and do not justify the

low

( 321 )

low efltimate of that officer's abilities, to which the general tenor of the narrative would lead
OS. Thejr indeed do not exceed what Dr. Petty had offered and undertaken, but they are
methodical, concise, and well arranged, and provide for a very complete and sufficient work ;
showing that the Surveyor- General knew perfectly well what the survey ought to be, how-
ever short of such a mark his own operations, undertaken on the recommendations of the
Committee of 1653, would have been, and still more, the earlier operation superseded by those
recommendations.

Nothing is more to be admired throughout this narrative than the entire frankness and
unreserve with which Dr. Petty places on record the full particulars of every transaction
which has been deemed questionable. We have an instance of this in the present chapter,
in regard to Sir Hardress Waller. Sir Hardress was an officer of high rank and great in-
fluence. This was all to be exerted on the Doctor's behalf, and although he states that
Mr. Waller, the son, was never in reality employed, it is clear, from the agreement of the
iSth of December, pp. 33, 34, that in fact a portion of the survey was to be g^ven over to
Sir Hardress, who, paying one-sixth of the expense, was to have one-sixth of the profit This
partnership of a high public officer with his own contractor, at least in a contract made on
his own recommendation, would not be tolerated in our days, but at that time it may have
been viewed differently by public opinion. Even then, indeed, we find Dr. Petty, in his
closing paragraph, states that this arrangement was never carried out by Sir Hardress, that
he might not *' give any occasion of men's thinking, he would patronize him in anything not
justifiable.'*

CHAPTER VI.

Pages 42-46.

While the arrangements which ought to have been preliminary, were yet under discussion.
Dr. Petty began the survey of some of the forfeited lands near Dublin, doubtless with the
view of training his assistants under his own eye. This led to the discovery of anew difficulty
not provided for in the contract, viz., that many of the spaces to be surveyed were less than
forty acres, which by his contract he was not strictly bound to do. It might indeed have
been inferred, that such insulated spaces were in equity included in the third and fourth
articles; but on this point, as usual, he differed with the Surveyor- Greneral, and it was
thought better to appoint a committee of officers to determine, " any question, difficulty, dif-
ference, or controversy, which might arise, to obstruct or retard the progress" of the work ;
which in this case decided, that if the small parcels upon which the controversy arose were
measured, the distinction into forty acres should be dispensed with. To which was added, in
regard to the delay which had taken place, '* that the thirteen months should date from the
ist of February instead of the 11th December \* with another decision relating to the repay-
IRISH ARCH. Boa 2 T ment

( 3^^ )

ment of advanced moneys. These modifications were favourable to the Doctor, but they
were only reasonable.

Throughout even this comparatively unimportant transaction, there is a tone of banter and
of triumph towards Mr. Worsley, which one cannot but regret. He speaks of Worsley finding
himself <* overseen" in malang the contract as to " this point ;*' of his having of mere joke led
Mr. Worsley to recommend to the committee an arrangement by which he (Worsley) should
himself become the ** ezamtnator-general*' with a salary, with a totally new agreement for the
work, in which of course he was not serious, and which he describes as lost only by a jocular
remark. He appears in this, as throughout the narrative, to have felt so strongly his im-
measurable superiority to those about him, that he used them, and boasts of uung them, as
mere tools; always, however, to accomplish a good end. This bearing doubtless gave offence,
and raised him many enemies who eagerly watched for the opportunity of the small revenge
of opposition, and, smaller still, of detraction. There was much, however, of good humour, to
use a common word, fun, in many of his remarks, which show another side of hb character,
vehement and energetic, but still borne onward and upward by temperament. Spuming at
obstructions, and never doubting his powers and ability to conquer, he made enemies, and ne-
glected them.

CHAPTER VII.
Pages 46-53.

Wb now come to the definite point of the instructions drawn up by Dr. Petty for the
guidance of his surveyors. They are in accordance with his offer, his contract, and his own
instructions from Mr. Worsley, and very concisely and clearly expressed, distinguishing the
field duties from those to be performed in the office, as explained by him to the council (see
p. 17).

It will be seen that they relate chiefly to the distinctions to be observed, and the magni-
tude of spaces to be surveyed or estimated, of forfeited and unforfeited, profitable and unpro-
fitable lands, as they lay interspersed among each other respectively, with directions for
correctiy ascertaining the boundaries; but they do not describe or enjoin any particular mode
of surveying. He appears to have adopted the mode, common at that time, of merely travers-
ing by bearings and distances, with a compass and chain, and protracting on sheets of p^>erf
divided into squares of known dimensions, from the summation of which the area was ob-
tained, instead of computing the area from the field-books themselves. By this means the
correctness of the result was limited to the correctness of the protraction, instead of being
deduced directly from the ground, with the protraction interposed merely as a test.

In his explanation to the Counci], indeed, at p. 17» he takes credit for *' exterminating the
use of triangles and intermixt multiplication in the casting up of the superficial content, hav-
ing

( 323 )

ing thereby mach facilitated the whole processe of surveying." This is not very clear, as there
is no other reason to suppose the fDrmer surveys were performed by the mode we should now
call content-surveying, and it probably refers only to another mode of calculating the areas
from the protraction.

Dr. Petty*8 merit in this respect consisted, not in devising a new mode of surveying,
but in availing himself of the means and men he found about him, and organizing a system
by which large numbers, "the ministry of about 1000 hands," seep. 295, could be simul-
taneously employed in different branches of one great survey, instead of separate parties or
persons, each completing every branch of a number of small surveys.

The Doctor appears subsequently to have seen the danger of relying on work performed
by the needle, as in his Political Anatomy, written some years later, he vrrites : " The ad-
measurement of land in Ireland hath hitherto been performed with a circumferencer, with a
needle of three two-thirds long, as the most convenient proportion^ but twill be henceforth
better done by the help of some old geometrical theorems, joyned with the new property of a
circle demonstrated by Dr. R. Wood."

Dr. Wood was Master of St. Paul's School in London, and the author of some papers in
the early Transactions of the Royal Society, but it is not known what particular property of
the circle is here referred to as demonstrated by him.

It is worthy of notice, that about the date at which the Down Survey was performed, there
was but little magnetic variation in Ireland. The needle, by computation, pointed due north
in Dublin in 1657. This would not afford any peculiar facility for the survey, but might
tend to prevent error, both in the field-work and protraction, by careless hands.

In the Record Branch of the Paymaster of Civil Services' Office, there is a book, supposed to
be one of the original field-books, and Dr. Petty in his will enumerates original maps and books
as among the muniments preserved with his papers. It will not fail to be noticed that in the
latter part of these instructions, the Doctor looked beyond the map of forfeitures, and con-
templated a more general application of the knowledge to be obtained in a general survey.
He had not yet begun to dwell on the studies which afterwards led him to political economy,
nor, perhaps, to contemplate the descriptive memoirs which he afterwards began to collect,
but the breadth and depth of highways and rivers, their falls and islands, the circumstances
of navigable rivers and harbours, course of channel, place of sands and shelves, are all colla-
teral, indeed additional, to the immediate objects of the survey, and indicate a mind aiming
at much which was beyond. He alludes to these additions at page 123, where he states that
** observing some omissions in his contract, on the states behalfe, he gave out instructions to
the respective instruments acting under him, as he humbly conceives, far more large and
comprehensive than those contained in his owne contract."

He long afterwards dung to the hope of making a general map. In 1665 we find him
petitioning the King for ** assistance to finish the Map of Ireland," and in his Political Ana-
tomy (page 341, Dublin Edition), he writes that, " at his own charge, besides those maps of
every parish, which by his agreement he delivered into the Surveyor-General's office, he hath

2 T 2 caused

( 3*4 )

caused maps to be made of every barony or bandred, as ako of every coanty, engraven on
copper, and the like of every province, and of the whole kingdom."

The ** other instructions," page 48, which relate chiefly to the office work, are equally
clear and judicious, and some of their particulars are worthy of remark. The first is sus-
ceptible of illustration» a few of the rough plots remaining still, with the other Records, in
the Paymaster of Civil Services' Office. They are on sheets of squared paper, graduated at
the edges for protraction, obviously printed from engraved copper-plates, bearing date mdcluu,
and the name H. Sutton, well known to all who are familiar with the instruments and ma-
thematical works of that time. The barony maps being on such a scale as shall keep them
on a single sheet of paper, is similar to the practice of the recent Ordnance Survey, in which
the County Index Maps were, in like manner, made on such scales as should bring each within
a single sheet, for the obvious reason that if they were on such an uniform scale as should
make any of them extend over more than one sheet, an index to the index would become
neessary, and if the scale of the largest county were adopted for all, the smaller counties
would be insignificantly small.

The precaution in the fourth section, of having the check- work performed by people who were
paid by the day, was most judicious, and is the only safe way in which contract or task-work
can be effectually proved or tested. It will be seen hereafter, also, to have been adopted by
Mr. Worsley in examining the survey as a whole, before the work was finally received by the
State. The separate survey and protraction of common boundaries, enjoined by the sixth
section, was a palpable and simple check, one indeed at which surveyors are very apt to repine,
but which it is never safe to abandon for any clamour for saving of time. The precautions
of the seventh section are all efficient and good. The eighth section provides that the
meresmen should, as far as possible, be those employed by the Civil Survey Commissioners.
If it had been practicable, this should have been imperative, and they should have been
appointed on the part of the Commissioners, as before adverted to. It is easy, however, to
see that other difficulties might have arisen from that course, and this instruction probably
meets the antagonist evils as well as was practicable. Generally, in regard to all, nay, to
each and every of them, it is not beside the subject to say that there is not one of these pre-
cautions which was not found indispensable on the similar work of the Ordnance Survey, and
it is even more remarkable that clear directions on the same points were laid down also in the
similar instructions prepared by the able director of that work, Colonel, now Greneral Colby,
who, it is needless to say, had never seen or heard of the archives and documents we are now
consulting and printing. Many of the instructions of Dr. Petty and Colonel Colby might
be printed in parallel columns, so remarkably have the same circumstances produced the
same results, from minds very similar in some respects to each other.

The paragraph at the bottom of the fifty-second, and top of the fifty-third page, refers to
a separate survey of the adventurers* lands, thus alluded to in the " Reflections." '* Moreover,
never was better security taken by oaths and bonds, nor ever more prudential cautions used
in any former survey, insomuch that nothing could be added even by (more nice than wise),

Mr.

( 325 )

Mr. Woraley himself, in the following survey of the adventurers j nor were any artists admitted
by him to work upon that subsequent undertaking, but such as had been formerly employed
on mine." This work was performed jointly by Mr. Worsley and Dr. Petty, for which the
order will be found in the Appendix. It is alluded to again at pp. 127 and 136.

In this chapter, at page 47, line 7, '* forced" is ''forfeited," in the Lansdowne Manuscript

CHAPTER VIII.
Pages 54-^2.

This Chapter contdns an official report on the Strafford Survey of the county of Tippe-
rary, which may, perhaps, be taken as an example of the much larger portion of that work,
which extended over the whole province of Connaught \ and it possesses a peculiar value, as,
from the almost total destruction of the maps and documents of that survey, by fire, in 1711,
it is the only account of any importance which remains.

The survey would appear to have been made with great care, and to have been by far the
most valuable work of that nature which had then been performed in Ireland. On that account
the destruction of the maps and books was a serious loss, as, in consequence of Connaught hav-
ing been originally excepted from Dr. Petty's work, it was the only detailed survey existing
of that province.

It has indeed been doubted whether the Strafford maps of the county of Gralway were ever
made, or at least completed, and but few surveys in that county were afterwards made by
Dr. Petty. It will be observed that none are noticed in this Report, and, except the surveys
of towns, no notice now remains of any among the few fragments saved from the fire, and pre-
served among the valuable records in the Paymaster of Civil Services' Office. It will be
recollected, also, with what difficulty, and at how late a period. Lord Strafford succeeded in his
effort to establish the '* Title for the King" in that county. There are, however, estate maps
in the possession of several families still residing there, which are traditionally believed to be
duplicates of Strafford's maps, and Dr. Petty appears to have found sufficient materials for his
small county map, subsequently engraved. Among the many curious volumes in the deposi-
tory above referred to, is one of the Barony- Books of Tipperary, described by Worsley in this
Report, page 559 identified, by bearing the same figures and certificates, with its original
*' parchment" cover still remuning.

It had been agreed that the Doctor was to make use of this survey of Tipperary, so far as

it should prove available ; and the order of Council, of 14th May, directed that the documents

relating to the baronies which were to be set out for the satisfaction of the army, should be

given over to him. To the commissioners* order of the 22nd of the same month, therefore, at

page 54, we owe the report here given of the whole county.

The

( 326 )

The books of reference appear to have been complete, and properly vouched ; and the maps
to have consisted of parishes snrvejed, in outline, by townlands, condensed into barony mapSp
and these agun into a county map. They do not appear to have contiuned any topographical
information of a general nature^ but to have shown the situation and quantity of arable, pasture,
and meadow, while they are, nevertheless, stated to have been deficient in information as to
the relative value which different parts of the wholly waste or unprofitable, bore to the good
and profitable land. This latter objection may be thought somewhat hypercritical. It re-
quired, in fact, the word " improvable."

In regard to the names of baronies, in page 55, it is to be observed, that some of them
are not now recognized as baronies ; Kilnelonger being included in Rilnemanagh, and Mul-
rian in Owney and Arra, which at present form but one barony instead of two, as here given.
Mulrian, indeed, in the curious original volume above mentioned, is even there called " Owney
Mulrian."

It may not be out of place here to quote a clause of an ordinance of the Protector's Council^
of the 16th June, 1654, in regard to the names of baronies in the Down Survey and Distribution:

" And be it further ordained and established by the authority aforesaid, that all and every
city and county, or county and city, city and liberties, town and county, half-barony, territory,
franchise, liberty, parbh, town, place, or land which is returned among the baronies, or for,
or as a barony, (on the abstract of the surveys or estimate, made concerning the ten counties
appointed for the said soldiers and adventurers), shall, as to the division, subdivision, and en-
joyment thereof among the said soldiers and adventurers, and every of them respectively con-
cerned, be deemed and taken to be as the same are returned in the survey, although the same
then were not a barony, or were in another county, or were a county firanchise, or liberty of
itself; and that all counties, baronies, and places returned or certified in or by miswritten or
wrong names, shall be enjoyed by those whose lots are or shall be on such counties, baronies^
or places, as if they had been returned or certified by their true and proper names."

Among the valuable records in the custody of Sir William Betham, there is a memoran-
dum of an order from the Ring (Charles II.), stating that the *' barbarous and uncoutii names
of places" in Ireland, much retard the reformation of the country, and directing the Lord
Lieutenant and Council to change such names into others more suitable to the English tongue,
annexing the ancient names in every grant so altered. This appears to have been subse-
quently embodied in the Act of Explanation, of which itibrms the last clause.

Few persons will now be found to regret that the change of names thus authorised and
ordered, was not generally carried into effect ; but in reference to the subject it may not be oat
of place to refer to the orthography of the names engraved on the mi^s of the Ordnance Sur-
vey, for which the different spellings and aHas names of every townland were collected fWnn
all accessible documents, some (where the names were ancient) of very great antiqui^ ; and
finally, local inquiry and examination were made by an Irish scholar on the spot, to render
the name ultimately adopted as nearly as possible consbtent with the ancient orthography.
This information being all classified and arranged in proper descriptive books, forms a large
collection of documents, which, being preserved with the records of the Survey, may be at any

time

( 327 )

time referred to or published; and as there is scarcely any more fertile source of oonfiision
than uncertainty of nomenclature, it may be hoped that, as the boundaries of the Ordnance
Surrey are recognised by several Acts of Parliament, the names now engraved on the aijk
thorised maps of that Survey may also become generally adopted in aU legal and authentic
papers.

To return, however, to the Strafford survey of Tipperary. On receiving the maps and
books. Dr. Petty, with characteristic caution, weighed the expediency of availing himself of
them, or discarding them altogether. There will be little doubt among persons conversant
with such subjects that it would have been far easier and more satisfactory to have surveyed
the lands anew than endeavour to amend and make the old documents available. Such ap-
pears to have been Mr. Worsley*s conviction when the case was his own. Dr. Petty, how-
ever, ultimately resolved to make use of them, and appears to have adopted a very judicious
course for testing and amending what was sent to him. As the process was different from
his ordinary mode of proceeding, he employed a more highly qualified person, and nothing can
be more clear than his instructions to Dr. Raggett. The comparbon of the old mearings,
with those ascertained by the civil survey and with the ground itself; adding the buildings
and detail, more especially as to profitable and unprofitable land ; stating any deterioration or
difference which had occurred since the original survey was made, and finally, delineating the
new work on the back of the old plans, so that what was old and what was new, and the dif-
ferences between them, might be easily seen and compared ; on the review of which, the Doc-
tor estimates his gain, by the use of the old work, at only £100. The maps now remaming
are not the original Strafford maps amended, but the fair copies made from them at the time.
They bear the signature, Patrick Raggett, and are in tolerable preservation, so far as they
esc^ed the fire of 1 7 1 1 •

CHAPTER IX.
Pages 63-80.

Tms duster exhibits a beginning of the troubles which thenceforward beset Dr. Petty in
the distribution of the lands, an operation which, as before adverted to, would, so far as he
was personally concerned, have been far more satisfactorily performed by a separate au-
thority from that charged with the survey. Still there can be no doubt Dr. Petty was emi-
nentiy qualified for both, and it may be doubted if any other machinery could so easily have
been framed.

While the survey waa proceeding, the committee of officers appointed in the previous De-
cember (pp. 40, 41) was also endeavouring to ascertain the debt and credit, t. e. the sums
due to the army, and the extent of land which was available for their satisfaction ; and it ap-
peared that, according to the extent estimated by the civil survey, the moiety of the ten

counties

( 328 )

counties would only satisfy twelve shilling and sixpence in the pound. Trusting, however,
that it would ultimately prove equivalent to two-thirds, they petition accordingly that it be
set out to them forthwith, leaving the remaining third to he settled afterwards. The council
appear to have acted with great fairness, as well as great prudence. It ordered the two-third
satisfaction to be made, and consented even that the accruing rents should be set aside for the
benefit of the army, enjoining, however, in conformity with the directions of the Act, that the
regiments should be '* set down*' continuously, and not scattered over the country, each be-
ginning where the lands of the former ceased ; the several regiments, troops, and companies,
drawing lots as to where their portions should respectively fall. So extraordinary and syste-
matic a partition of a country has no analogy, even in t)ie planting of a modern colony, and
perhaps it is not profane to remark here, in reference to the importance of a map for such a
division, that a French writer on the subject of maps in the Memorial Topographique et
Militaire, thinks there are indications of such a document in the partition of the Holy Land,
by Joshua. The council also, very properly, bad care of the claims of the soldiers formerly
disbanded, and others, in conformity with the Act, requiring consideration and report on
those subjects. Subsequently, owing to the rapid progress made by Dr. Petty in the survey,
it speedily appeared by his " Downe admeasurement" that the forfeited lands were more ex-
tensive than the civil estimate had made them. Accordingly, the committee request that the
whole debt be satisfied to them at once, for which they give six very simple reasons, the
sixth alone being important, viz., their undertaking to pay in money any troops or com-
panies who may be " shutt out." This does not appear to have been assented to. It would
have been a mere scramble, but every effort was made to complete the survey as rapidly as
possible.

The committee, while continuing to sit, appear to have propounded several resoluUons not
relating solely to this subject, but having for their object a larger scope of improvement for
their general good when settled, among others, several relating to trade, and the intimate onion
of Ireland with the Commonwealth of England, on which the Lord Deputy appears to have
come himself to the committee and announced a " speedy reducement of the army." This
might have seemed to indicate displeasure, and probably at their proceedings, but for the
last resolution of those which follow, which, though it is not clear, may be read as what
would now be called a vote of thanks to him. The resolutions indicate much foresight as to
indemnity, clearness of title, &c., and the closing paragraph of page 75 is not without ana-
logy to the more modern fashion of disencumbering estates.

Finally, however, they separate, constituting a smaller body of officers to act for them, with
full authority on all the points embraced in their resolutions.

Amid this tumult of claims and divisions it is refreshing to read the appeal of the Lord
Deputy on behalf of the poor Waldenses: "meeting in the Castle hall with severall officers of
the army, they together did resolve" to subscribe, ** some a month's pay, others three weeks,
and some one week's pay." It affords a glimpse at the outer world, in the midst of a narrative
devoted to a single object, and that object, one which, however important and however curioua,
cannot even at this day be dwelt upon without constant pain. Nor are the widows and maimed

and

( 329 )

and impotent soldiers forgotten by them, though in a later paper their claims will be seen at
the end of the list instead of the beginning.

There appears some confusion of dates in this chapter. In the sixth line, " the begin-
ning of May" refers to the order of the 11th of that month in the following page ; and the
report, called " the 9th of the same month," is not given. The '* 18th of December last,"
in the sixth and seventh lines of p. 64, should be the 11th of December last, printed at p. 30.
It is similarly misquoted at p. 157i in the same order of council there reprinted, making it
possible indeed that the date at p. 30 is the incorrect one. There can be no doubt, however,
that the resolution is the same, whatever the date may be.

At p. 66, line 6, the word " summ" is " same" in the Lansdowne manuacript.

CHAPTER X.
Pages 80-102.

Dr. Petty is now urged forward; every one anxious to assist, who before had thwarted
him ; but another cry arises as soon as the parties begin to see their settlements, finding,
probably, the country a wilderness. Desolation and war had " made a desert and called it
peace." They think waste land has been erroneously returned as profitable, for which, of course,
" the Doctor" is to blame. His answers are perfectly satisfactory : the gain would have been
comparatively inconsiderable, and to no one but himself, who had no means of doing the
wrong ; the distinction being made by the local surveyor, not in Dublin. To this he adverts
in his " Reflections" : " Can any man say I ever altered the returns made unto me? changed
profitable into unprofitable lands ? altered any field-books, expunged any observation ?
chopped or changed in the least"? And again, " I contracted with my surveyors, by that most
impartial, just, and never before thought of way, of the mile in leng^, and not by the
thousand acres of superficial extent." Nor were the surveyors pud more for measurements
in one class of land than in another. The average proportion between profitable and un-
profitable land, which he gives as seven to one, appears indeed excessive when compared with
the proportion between "arable" and "uncultivated" in the tables of the census of 184 1^
p. 453, which give about five and a half to one in Leinster, two to one in Munster, two to one
in Ulster j but unprofitable and uncultivated are by no means synonymous terms, as much of
the latter is profitable for pasture. This complaint was the same which the Doctor had made
against the former survey ; and it would perhaps have been more satisfactory to all parties if
the Doctor's original offer of a gross sum for the whole had been accepted. The man must
be very sceptical who can retain any doubt on these complaints after reading the first three
pages of this chapter.

The complaint appears to have been more especially pressed in regard to the county of
ISISH ABCH. SCO. 2 U Kerry,

( 330 )

Kerry, which was doabtless doubly desolate, having suffered severely by the earlier Desmond
wars. The Doctor's return of 400,000 profitable acres in that county may not have been
too great In 1841 it is stated to have contained 414,000, arable, and in Uie Land Improve-
ment Commissioners* Digest, p. 585, 400,000 more is said to be improvable, but the " path^
tical, though plain, narrative of Lewis Smith," who surveyed it, shows the almost impossibility
of distinguishing the classes of land in the state they then were. So that we may fairly at-
tribute the difficulties of distributing that county to the oaoses stated by Dr. Petty, rather
than to any defect in the survey.

On the whole, after all the disputes on thb subject, and those between the committees of
the several provinces in regard to their allotments, the Lord Deputy and council, on the 20th
of May, 1656, directed that the army should appoint trustees for the purpose of the distribu-
tion, in conformity with an ordinance of the Protector's council of the 2nd of September,
1654« which was accordingly done, and Dr. Petty was named as one of them. The order of
the Lord Deputy and council, of the 20th of May, 1 656, further enjoined that the survey '* within
the provinces already admeasured by Dr. Petty, be adopted by the army, according to the con-
tents of the survey returned by the said Doctor.**

The survey, therefore, was pronounced sufficient, and Dr. Petty, so far from being per-
sonally objectionable to the army, was, at their own recommendation, nominated one of their
trustees for subdivision and allotment.

There is in this, as in former chapters, some confusion in the dates of documents, and some
of those quoted or referred to, are not given. But in all these cases, the missing papers are
either recapitulated in those which refer or reply to them, or are so obvious from the con-
text as to leave no ultimate obscurity.

At p. 81, *' when as'* should be *' whereas." At p. 86, line 5, a resolution of the council,
dated 9th of May, 1656, and in line 80, a paper of the same date, signed by Sir H. Waller, are
referred to. These are not given ; but at p. 91, fourth line from the bottom, the former is
again mentioned, and by reference to the commission from the council, referred to in the last
line of the same page, the substance of both the papers of the 9th of the same month will be
found recapitulated.

The resolve of the general council of the 6th of April, 1654, referred to at p. 89, four-
teenth line from the bottom, is not given. At p. 91, the words, " see page 70, 71," probably
refer to ps^es in some copy of the Act of the 26th of September, 1653, not now known. The
sixteenth and seventeenth pages of the resolves of the general council and of the agents of
the province of Munster probably relate to pages of certain council-books of the committee
of officers. A few of these curious books are extant, and preserved in the Paymaster of CSvil
Services* Office.

At p. 100, line 9, the words '*wee could ten or twenty acres to be worth one" are so written
in the MSS. Some word is probably omitted.

CHAPTER

( 33' )

CHAPTER XI.

Pages lOS^lSe.

In the month of March, 1656, thirteea months after its commencement, dated from 1st Fe-
bmary, 1655 (see p. 46), Dr. Petty^ haying completed the survey, ** soe far as concernes my
engagement," made application to the Comicil, as to what examination of the work, and what
certificate, were considered necessary before payment was made to him, for which he felt
obliged to press, that he might close with, and discharge his surveyors and assistants ; for
the consideration of which the council, on the lOth of March, appointed a conmiittee, which
met on the 1 1th, to deliberate. Colonel Thomlinson, a member of council, in the chair ; after
which, on the same day, 'the committee was re-appointed, with the omission of Colonel Hew-
son. Colonel Sankey, Colonel Lawrence, and Mr. Worsley ^ but on the Idth, Mr. Worsley was
directed to attend ex officio, and on the 17th the committee reported favourably of the work,
having examined, mod voce, several of the persons employed, and inspected their field-books,
plots, &c. This report is curious, as detailing the mode of proceeding, and the various checks
devised by Dr. Petty. It forms, in fact, a pendant to the " Briefe Accompt.*' On the 15th
(? 18th), however, an order issued to Mr. Worsley, to examine and cast up the several plots
and books, and *' see that the same be duly perfected and returned according to the articles
of agreement and contract, or otherwise to state and present the defects of the survey to this
board."

This Mr. Worsley undertook to perform in three months. It occupied, however, till the
18th of August, when he presented a report alleging various deficiencies. Dr. Petty re-
plied in great detail, and it must be admitted satbfactorily, indeed triumphantly, for what-
ever blemishes or shortcomings might be detected in so gpreat a work, performed with such
extraordinary rapidity, over so great an extent of country at the same time, there can be no
doubt that, on the whole, it exceeded the articles of agreement, and that the delay which will
be seen to have taken place in the payment, was vexatious and unjust. Obstructions were
probably anticipated from the first committee. It obviously made no progress, and the fact
of Colonel Thomlinson, who was not a member of the committee, being in the chair, as a
member of council, " as well for the Doctor's credit as for the State's advantage," makes it pro-
bable that the exclusion of Colonel Sankey and others, and the attendance of Mr. Worsley at
the second committee only as Surveyor-General, was the result of this apprehension. It
led, on the contrary, aa is usually the case, to yet further delay, from which, however.
Dr. Petty emerged more fully at last, as all the objections produced no effect upon the
council, and gave rise to the very satisfactory replies of the Doctor, after which he again
addressed the council, urging his claim to an early settlement, stating the circumstances under
which he entered upon the work, and the difficulties he had to encounter : by want of abstracts
of Uie lands to be surveyed, and, by their imperfection, preventing his distributing his force to
the best advantage. The Church and Crown lands having been added afterwards, at a lower
rate, though charged with the same amount of repayment firom him to the former surveyors;

2 U 2 the

( 33^ )

the difficulty of identifyiog them ; the abstracts having been supplied piecemeal, thus obliging
him to send parties backwards and forwards ; as hard as if the " master of a shipp, who had
contracted to export one hundred tun of goods/* were " bound to make a hundred voyages to
performe it ;" sometimes robbed by his workmen, without time to wait for redress ; the want
of meresmen and guards, from the rapid "transplantation,** and the sending away of the
troops to England and Scotland ; the peculiar wetness of the season, especially at the begin-
ning of the work, when he was urged to expedition, and when the men, being inexperienced^
became discouraged, and this at the same time as the dispute about the forty acre parcels, ad-
verted to in the sixth chapter. In several cases he had done more than he was required, and
given more detail. He had encountered peculiar difficulties in the county of Dublin : delayed
by the urgency of the soldiers with his surveyors, sometimes to survey one lot, somedipes
another. He had surveyed Carlow and Kildare without the aid of the civil survey at all ;
had received his advance payments in base Spanish money; had lost much time from the sub*
division not having been, as intended, contemporaneous with the survey. He also pleads the
low scale of remuneration on which he had undertaken the work, more especially to the State,
more than half being paid by the army at his own instance ; represents having to pay the old
surveyors, a great hardship, as their operation ought rather to have been considered an un-
successful experiment on the part of the State, and borne as a public loss. He only asks the
same consideration he has always given to those under him.

This was followed, as was no more than just, by an immediate order of the council, dated
7th November, 1656, referring to their order of 15th May, and Mr. Worsley's report, but
making no comment upon it, and directing the persons who had been employed by Mr. Worsley
in making the examination, to attend the board with a " perfect and particular accompt of the
contents of the several baronyes which the said Doctor hath admeasured," for the considera-
tion of the council.

While this was in preparation, the Doctor, at the instance of the council, condensed his
applications into the following heads : —

That his survey be accepted ;

That his securities be released by March next ;

That he be paid before the lands are finally given out to the army ;

That his accounts be not delayed for the final subdivision ; and

Claiming remission of a considerable part of the repayment to the old surveyors ;
each of which he supported by good and sufficient reasons in detail.

The first was granted on the 16th of Biay. The second had been referred to the Attomey-
Greneral. The council, by order of the 12th November, 1656, referred the third and fourth
to the auditors of the Exchequer, and the last to a committee, to consider and report upon.

The Doctor then prayed that his payment be not delayed on account of this latter question,
but that the deduction to be made for repayments, may stand over till his final settlement for
counties subsequently surveyed, and for the Church and glebe lands, which prayer was also
referred to a committee for inquiry, that the same may be respited, and the account pass as
desired, which was accordingly ordered on the 24th of November, 1656.

By

( 333 )

By this time the persons ordered on the 7th of November to " attend the board with a
perfect and particular accompt of the contents of the several baronyes/* had completed their
return, which, on the 27th of November, was sworn before " Miles Corbett," on which the
auditors of the Exchequer finally reported a sum of £3784 IBs, 4i<L due to Dr. Petty> in ad-
dition to the sum of £13,057 17«« Sd, already pud, which the council approved on the 28th
of November.

This general account being passed, the survey of Limerick, Carlow, and Wicklow, subse-
quently surveyed, were submitted to the same examination and scrutiny, and passed to the au-
ditors of the Exchequer in reference to the repayments to the old surveyors, which were to be
charged against the payment of £1533 68. 6d. for those counties, on a due balance of which
accounts it was reported by the auditors, that the Doctor had to repay to the State the sum of
£422 10«., which the council remitted, on consideration of the circumstances stated by him,
still retidning the right to dium it if found necessary^ by subsequent deduction on any other
account

It is to be observed, that the tables in this chapter, at pp. 137* &c., were incorrect in all
the manuscripts, but as there was no certainty whether the errors were in the totals or in the
details, it was resolved to print them as they were, rather than attempt any corrections. Sub-
sequently, however, a contemporary entry has been found among the books of the late Surveyor-
Generars office, now preserved in the office of the Paymaster of Civil Services, and in this case
therefore it has been thought desirable to depart from the rule of making no corrections
which were not in one or other of the manuscripts, and the tables in question are corrected
from the authentic document.

By these tables, and the summary in the text which follows them, it will be seen that the
sums thus passed as due to Dr. Petty, were £16,842 12«. 7id., and £1533 Qs. ScL, and
£156 78, Bd,, making in all £18,532 8«. ^cL, for the deUil survey of 3,521,181a. 2b. 29p.,
under the several heads of profitable, unprofitable, church, and other lands, including also
£1000 for the separate set of barony maps. Out of this sum was deducted £1533 8«. 6d.
for the old surveyors, and he had to pay his own stirveyors, and all other expenses of the sur-
vey. He appears to have received the whole in money, except the deduction for the old sur-
veyors, and £614 Ss. dd., which could not be collected from the army, and was afterwards
commuted in land ; the details of which will be found in the twelfth and fifteenth chapters.

This was the whole amount of surveying and payment included in Dr. Petty 's contract of
the 11th of December, 1654. For the adventurers' survey and other surveys performed
jointly by himself and Mr. Worsley, under the order of the 3rd of September, 1656, given in
the Appendix, he appears to have been merely paid a small sum for superintendence. The
extent of these surveys is not stated, but they could not have contained on the whole less than
a million and a half of acres.

The opening paragraph of this chapter, is one of many places in which the Doctor speaks
both in the first and third person. In this instance, the narrative approaches to the epistolary
style in which the '* Reflections'* are written, and it is indeed probable, as conjectured by
Mr. Weale, that much of it was commimicated in that form, either to Sir Robert Southwell

or

( 334 )

or Sir Richard Cox, from the latter of whom, there is preserved in the maonseript Tolume
already quoted, in the possession of Messrs. Hodges and Smithy the original draft of a letter to
Sir Robert South well, dated the 15th of June, 1687i containing very judicions remarks on
another of Sir William's works, the Political Anatomy of Ireland, from which their habitual
correspondence, and the high estimation in which Sir William Petty was held by those learned
men, may be seen.

At p. 104, fourth line from foot,y9r petitioners, read petitioner.

At p. 132, fifth line from foot,^ prop(Nrtion, read proposition.

CHAPTER XII.

Pages 157-166.

These pages are chiefly occupied with the times and manner in which the several payments
were made to Dr. Petty, as well by the State, on its own part, as on the part of the army,
of the penny an acre, agreed to by the committee of officers, on the Uth December, 1654.
This latter, as well as the former, appears to have been advanced to him by the State, and
deducted from the accruing pay of the soldiers and officers, and if the original intention of
settiing the men upon their lands, regiment by regiment, concurrentiy with the survey, oould
have been carried out, the payment would have been easily closed. But in two years, at
such a period, it may well be supposed, frequent changes would take place among the troops,
some being moved to England and elsewhere, and many irregularly set down as they were
disbanded, or dispersed here and there, in some cases before the survey was complete. Ac-
cordingly, in February, 1657> there remained due to Dr. Petty £614 Ss, 9<i, which could
not be raised from the army then in pay, and for this amount two modes of paying him were
proposed, either to remit an equal amount of the repayment to be made by him for the old snr-
veyors, or allow him to collect the sum himself from the soldiers and settied men, from whom
it was due, with some addition for his trouble. The latter would obviously be a difficult pro-
cess, but there was a considerable sum due on that account by the same parties to the State*
which the State despaired of collecting, and this debt it was proposed to make over to him to
collect for his own benefit, in compensation for the labour of collecting the £6\4 8s. 9c2., in*
creasing that sum to £3181 14s. 3d. To this the Doctor agreed, finding probably that monqr
was scarce in the cofiers of the State. He took, in fact, an addition to a bad debt, in lieu of
payment of the debt itself. But it will be seen that he afterwards turned it to good account,
having been piud in great part in land ; and several years afterwards, subsequentiy to the Re-
storation, we shall find him petitioning the King on the ^^une subject, in regard to the ad*
venturers' lands, and in connexion with the completion of the maps; when, in 1666, a clause
was inserted in the Act of Explanation, giving him powers of levying this penny an acre by
seisure and distraint on the lands from which it was still considered due.

Dr.

( 335 )

Dr. Petty certainlj possessed the faculty of taming disadrantages to acconnt, of which
this is an example. It was forced upon him partly hy his having to pay the old sur-
veyors, instead of the expense of their operations being charged to the public as a failure of
the State, or of the State officers, who employed them before Dr. Petty's work began ; and
partly by the mixed system of payment by the State and by the army, instead of wholly by
the former, as one general contract. To this form it came at last, being recognised as a
debt due from the land, whether before or after the soldiers were settled on it. (See also
notes on chapter XV).

In this chapter, again, at page 157, the order of the committee of officers is referred to
as 18th, instead of 11th December, 1654, but in the following page the date is correct.

CHAPTER XIII.

Pages 166-184.

This chapter is wholly occupied with the giving back of the Doctor's contract, on the ex-
piration of a twelvemonth from the close of his work, his application for which had been
referred to the Attorney- General, on the 23rd of February, 1657> who, on the 13th of April
fbllowiDg, recommended that it should be given back, and the sureties released. The council,
however, ordered that it should be deferred till one year, from the 1st of October, last past.
To this the Doctor presented a strong remonstrance, without date* but which from the con-
text appears to have been between May and July. His first application was grounded on the
year having elapsed, during which, by his agreement, complaints were to be received. He
now pleads that, if such be nut admitted, there is no other date which can reasonably be fixed,
as any such date must have reference to the allotment and distribution of the lands, not to the
survey itself, which was completed in the prescribed time, and that such allotment in no way
depended on him, he having been always ready to perform his part in it^ as will have been
seen by the former clusters. He alludes to the jealousy with which he had been viewed ; to
the absence of complaints against his own conduct of the work, or that of the " unruly multi-
tude of instroments*' he had been forced to employ. He represents that he will be less able
to serve with advanti^ in his present arduous doty of distribution, if he appear under their
lordships' displeasure, and finally adds, if such be thought necessary, that when his present
bonds are released, he is ready to give further security for what may still be required of him,
provided reasonable consideration be given him for such extra assurance* This remonstrance
was siq»ported by a petition to the same effect from the officers, agents, and others, and the
demand was so reasonable and just that it could not but be granted. Accordingly, it was so
ordered by the council, under date the 17th of June, and on the 24th of June the Doctor de-
livered into the Exchequer *' all books, with the respective mapps, well drawne and adorned,
being duly engrossed, bound upi and distinguished, placed in a noble depository of carved

worke."

( 33« )

^orke." On the 18th of December following he waa> by an order in council of that date, '* fully
discharged." This " noble depository'* would have been a curious relic, but it cannot now be
found, having no doubt shared the destruction of the many more valuable matters, in the fire
of 171 1» at the Surveyor- General's office. That office is understood to have been near the
old Custom-house on Essex-quay, in a building called ** The Elephant," possibly from having
before been an inn or shop with that sign. ( Whitelaw and Walsh).

At page 179, the words " In June" ought to open a new paragraph, the petition closing
and the narrative being resumed.

At page 181, thirteen lines from foot, " secluded" ought to be *' excluded."

CHAPTER XIV.

Pa^e« 184-21 h

Wb now open a new page in the history of Dr. Petty. The great work of the " Downe
admeasurement" being completed, the survey was to be applied systematically to the purpose
for which it had been made. This purpose, indeed, had already been to some extent accom-
plished, but in a manner so irregpilar that it led to much subsequent confusion, and leaves no
doubt it would have been effected more satisfactorily, if it had been possible either to defer
the whole operation till the preliminary labours of the survey were complete, or wholly to
have done it, pari passu^ with that work, as originally intended ; which latter, indeed, was
clearly impracticable as a final settlement, though it would have caused less irregularity than
the mode which, on the urgency of the parties, was adopted ; because the whole lands and the
whole survey were really the co-equal units, not any one county or barony with any one regi-
ment or troop.

It was indeed fortunate that, even at this eleventh hour, the great abilities and knowledge
of Dr. Petty were available ; and the arrangements detailed in this chapter show the charac-
teristics of his peculiar mind, and faculty of order.

The second paragraph of the chapter exhibits in a few words the general view which*
with a master's eye, he took of the whole operation, as well that which was done, as what
remained to be done. The whole forfeited land set aside for the army, was destined to pay
the whole army debt at certain values, specified by the Act (as given in the notes to chapter V.),
and it was necessary the whole should be cast or recast in one crucible, that all might share
alike. Accordingly, setting aside the enhanced rates at which the debt of the former settled
parties had been redeemed, their prayer for additional compensation, and the remonstrance
of the army against it, he appears to have computed the claims of the whole army as if one
uniform distribution had been made, and then considered each as having received or being
about to receive such or such a '* quota pars," in order to make up the deficient, and pare
down the redundant, to the same rate in the pound on their respective claims.

In this there were of course many practical difficulties. The early settiements had been

made

( 337 )

made irregalarly, and no ''accompt of what was then done ever did appeare as a light unto
what was further to be done ;*' others had been satisfied to their full allowance, who, never-
theless, left ** nxany scraps of baronies, the which were imperfectly sett downe." The court
of claims had been sitting and adjudicating. Commissioners for stating new debentures, and
for making compositions, *' were at this time all and every of them acting respectively." The
committee of six officers, appointed on the 20th of May, 1656 (see p. 85), had failed also to
compose the differences arising among the officers.

Such was " the ragged condition the affaire was in by reason of the preceding irregular,
and indeed somewhat obscure, actings, anno 1653 and 1655, and other uncertainties of debt
and credit, as also of the clashing interests," when Dr. Petty 's new labours began.

He first restored the whole army, by calculation, to the state it was in 1654, when they cast
their lots ; then ascertained what lands were disposable, in pursuance of all Acts of Parlia-
ment and ensidng orders of council, separating those, which for any cause it was necessary to
reserve, from the remainder which were disposable, obtaining the immediate authority of the
council on doubtful points, and the concurrenceof thearmy by adjustments among themselves,
when such would afford satisfaction and facility.

The several steps of all these proceedings are fully and methodically related in the paper
addressed to the council, pp. 191-5, in three great heads, — ^the debt, the credit, and the books
of account.

Somewhat later, proceeding with the concurrence of the army, expressed through its agents,
the commissioners submit certain doubts to the council on the 23rd of January, 1657, in three
heads, — as to preference in setting out the few remaining lands, as to setting out the dubious
lands, and as to the letters of possession to be given with the lands, — in which paper, among
other things, they state that " there are not now neer lands enough left to satisfy all that ap-
peares, much less all that may," praying " orders as to Kildare, hoping for a just account of
such as received lands in 1653," and calculating upon a surplusage of the adventurers* lands
in Louth, of which a moiety, it will be remembered, was set aside with their moiety of the " ten
counties," towards the satisfaction of their claim of £360,000, which it will be necessary again
to advert to, and to which reference is also made at p. 68, where the committee of officers
pray that their share of Louth may be set out to them at once, rather than wait till the ten
counties were adjusted between them and the adventurers. The queries are answered at
length in three orders of the council, dated the 4th of February, and 6th and 9th of April ;
the latter containing a form of conveyance.

The adjustment and equalization of rates and values, referred to in this and other chapters,
are succinctly described by Dr. Petty in his Political Anatomy (p. 341, Dublin edition) :
'* Now as to the value of these lands, they were, anno 1642, rated to and by the adventurers
as folio weth, viz. : in Leinster at 12«. an acre, in Munster, 9«., in Connaught at 6^., and in
Ulster at 4«., and to pay one farthing per acre quitt rent to the King out of each shilling's
worth of land so rated, viz. : 3^. or 12 farthings for one acre in Leinster, rated at 12^.; 2{dU
an acre for lands in Munster, rated at 9s., &c. Wood, bog, and mountun, to be cast in over
and above."

nusH ABCH. soa 2 X " Afterwards

( 338 )

'* Afiterwardfl the soldiers, who were to have the satisfaction of their arrears at the same
rate> not heing willing to cast lots upon such desperate hazards, did, anno 1053, equalize
counties within each province^ viz., took some in Leinster at £1 29. per acre, some at
£1, &c., and those who were satisfied anno 1655, and afterwards did equalize, not only
counties, but baronies also, valuing some baronies in Leinster at £1 4s. per acre, and some
but at 6s, t and others at all rates between these two extremes. But so as, notwithstanding
all the said differences, the whole province should be given and taken at \2s, per acre, accord*
ing to the then law, and the inequality remaining after this equalization was to be corrected
by a lot." With the orders of council last quoted, Dr. Petty for the present closes his ac-
count of the distribution, — a work so g^reat that, as he says at the beginning of this chapter,
"to doe the same perfectly would require a treatise by itselfe;" but of which the outline
and general arrangements may be gathered from what he has here left us, although the de-
tails and actual operation may well be seen to be " one hundred times bigger and more diffi-
cult than in this orderly description it will probably be conceived to be." In truth it is
difficult to imagine a work more full of perplexity and uncertainty than to locate 32,000 officers,
soldiers, and followers, with adventurers, settlers, and creditors of every kind and class, having
different and uncertain claims on lands of different and uncertiun value, in detached parcels
sprinkled over two-thirds of the surface of Ireland. Nor, as he subsequently experienced, a
task more thankless in the eyes of the contemporary million. It was for his comfort that he
obtained and kept the good opinion of those who were unprejudiced and impartial.

During this period, however. Dr. Petty had received various grants of lands himself, in
satisfaction of his debts and claims, for which he found little chance of obtaining payment in
money. The details of these transactions are given in the following chapter, but it appears
to have produced much angry remark, and to have increased the jealousy with which be was
already viewed. The Doctor*8 description of his position, in the last pages of this chapter, is
at once so humorous, and in many respects so true, that, while it will awaken the sympathy of
all who can appreciate the difficulties he had to encounter, and the jealousy and misrepresen-
tation from which he suffered, it is at the same time cheering as exhibiting the firm heart and
buoyant spirit which carried him through them all.

At p. 184, " 17th of July" should be " 7th of July."

At p. 188, " roots and perches" should be "roods and perches."

At p. 189, " ethly" is manifestly " 7thly ;" but so in MS.

At p. 192, "sett out in the barony of Carey" should be "no< sett out," &c.

At p. 186 reference is made to two resolutions of general councils^ viz.: of November,
1653, and April, 1654, which are stated to be "extant in print," but of which no copy has
been discovered. In this, however, as in numy other cases throughout the work, where papers
referred to are not given in the narrative, the substance is easily collected either by the re-
ference to them, the context, or the comments to which they give rise.

At p. 195, the same word, " overseen," applied to Mr. Worsley in p. 44, occurs. In this case
it obviously means " overlooked." The meaning is probably the same in the former case, but
the phrase b less intelligible.

CHAPTER

( 339 )

CHAPTER XV.

Pages 2ium.

At the close of the last chapter Dr. Petty states the necessity of his going to London, to
confer with the commissioners there sitting on the claims of the adventurers, hut postpones
the narrative of that journey till he should first detail the circumstances which led him to
become the possessor of lands in Ireland. He states that surprise was commonly expressed
at his not investing his money in the country in which he had gained it, and that his not doing
so was attributed to erroneous motives, rather than the real one, which was the desire to keep
himself " free and clear from all kind of partiality and injustice," and that, being desirous of
" being really a benefactor to the same land whereon God had already blessed his endea-
vours," he began to think of buying debentures, which being *' both scarce and deere,*' led him
to propose another mode, and, finding as much profitable land yet undisposed of as would
entitle him to " neer £3000," at the one penny per acre he was to have for the survey of it
from the army, forming a portion of the uncollected debts made over to him in lieu of
the £614 68. 9d.t due on other accounts, by order of the council, on the 11th February, 1656
(page 163), and conceiving that in equity the money was rather due from the land than from
" individui vagi^" petitioned the council to be satisfied in land for the otherwise bad debt of
one penny per acre, to be allowed to expend £1000 in debentures, to redeem lands mortgaged
for more than their value, and to choose the lands he should so possess, which the council, by
order of the 6th March, authorized.

Of these, the first was certainly a great improvement on the hopeless penny an acre.
The second required the sanction of the council, by the Act which prohibited all surveyors
or others employed in carrying it out, from themselves purchasing debentures, but allowed
public debts to be discharged in lands ; and, the third was an exception from the usual system,
which, however, he states in the Reflections, had been frequently granted to others.

Yet none of them can be considered inequitable, nor, as he afterwards states, injurious to
any party.

These concessions made, the Doctor proceeds with his usual energy to have them carried
out, with the utmost care in every detaiL The commissioners of distribution accordingly
investigate the extent of his claim on account of unpaid pence, which they find amount to
£3181 Us., for which, with the £1000 added by himself, they set out to him 9665a. la. 6p.,
profitable lands, with a proportion of improfitable, in the places chosen by him, conveying
the whole nominally for the £1000, on condition that he remit to the army the payment of
the £3181 14^., thus making a legal title; and binding him in security of £3000 to certain
conditions, which should guard both the Commonwealth and army against any contingent or
future injury thereby.

As to the Commonwealth, it was conceived that the odd roods and perches gained by the
public in the distribution, with consent of the army (see page 189), and the advantage to the
public of the equalization of rates, described in the last chapter^ would prove an eqmvalent for

2X2 the

( 340 )

the land thus conveyed ; and Dr. Petty bound himself, if such should not prove to be the
case, to buy up and bring in debentures, that Is, cancel debt to the amount of the difference.

As to the army, if any soldiers should pay in their pennies, he was, in like manner, to
bring in debentures to the amount.

Having so far closed this claim, he proceeded to the authority for redeeming mortgages,
and, in like manner, to obtain a legal title, it was necessary the lands redeemed should be
conveyed as the satisfaction for debentures, for which he obtained authority by an order of
the council of 20th May, which, at the same time, however, limits the extent of land so to be
redeemed, to 2000 acres in Munster and Leinster, and 1000 in Ulster. Accordingly, the
commissioners set out to him those quantities of land, for the nominal price of a debenture,
he having redeemed it from mortgage, as permitted, at his own expense.

Again, despairing of obtaining any sufficient recompense in money for his service as com-
missioner of distribution, ** having observed the treasury so low," he applied to the council
for payment in land, which they " cheerfully and unanimously" granted, allowing him to pur-
chase £2000 worth of debentures, and permitting him, as before, to select the lands he should
receive in satisfaction of them.

The commissioners, in execution of this, set out to Dr. Petty the following lands chosen
by him, viz., in the liberties of Limerick, 1653a. 1b. ; in the county of Kerry and Parish of
Tuosist, 3559a. Ob. 31 p. ; in the county of Meath, near Duleek, 555a. 18b. ; and in the same
locality, another lot of 250 acres.

The lands thus acquired by Dr. Petty would seem on the whole to amount to nearly
19,000 acres of profitable land, and he closes the chapter by saying he " yett wants satisfac-
tion for above £3000, to make up what was intended him by the above concessions of au-
thority."

This may have reference to the first lands set out, viz., those in satisfaction of the soldier's
pence, amounting to £3181 14«. 3d, which, as he elsewhere says, he only "held in pawne,"
having given security to the amount of £3000 to restore them, or an equivalent if it should
become necessary ; as no other debt appears to remain unsatisfied, or it may refer to the more
exact computation of his claims, given in the seventeenth chapter, which will be adverted to
hereafter in the notes on that chapter.

CHAPTER XVI.

Pages 227-257.

This chapter describes the proceedings of Dr. Petty with the committee sitting at Grocers'
Hall, for which purpose he was sent to London with letters from the Lord Deputy and
council. He found on his arrival much prejudice created against him by an anonymous libel,

which

r

( 34" )

which had been addressed to the memhers of the committee, but he removed their unfavourable
impressions, and obtained their concurrence in the views he had been sent to lay before them,
which appear to have been principally, that the allotments of lands which they had made to
adventurers, should be subjected to revision ; and that the Doctor's survey of their lands^
which was similar to that on which the allotments of the army had been made, should be
adopted for those of the adventurers also. This was agreed to after much discussion, and a
proposal drawn up for the appointment of a mixed committee, but which, on further considera-
tion, was abandoned by the committee of Goldsmiths' Hall themselves, and an application ad-
dressed by them to the Lord Deputy and council, requesting that the whole revision and
adjustment be left to Dr. Petty alone. To this, however, a minority objected, and while each
party was occupied in supporting its views of the acts and ordinances, and the proceedings
which had taken place thereon, the Doctor was summoned back to Ireland by the council to
meet certain chaxges exhibited against him during his absence.

This chapter again refers to the survey of the adventurers' moiety made by Dr. Petty and
the Surveyor- General ; see pp. 236, 246, 247» more especially ; but there is no record of the
manner in which it was originally paid for, either to the Doctor or to Mr. Worsley ; and there
is no statement of the allowance proposed in the latter page having been carried out, the
probable profit of which the Doctor appears to have estimated at £2000. See p. 263.

In his will, indeed, as printed, he states that £60 was paid him for directing the after sur-
vey of the adventurers' lands, a sum so wholly inconsiderable that it is probably a mistake for
some other figure.

At p. 220, last line, " all" should be " allsoe."

At p. 222, thirteenth line from foot, the words *'it was" are omitted between "order"
and ** among," and the comma should be after ** provided" instead of before it

At p. 241, tenth line from foot, the words " the subsequent denomination" ought to be
omitted.

Note. — Since writing the above the Editor has been able to refer to a duplicate of the
will, among the valuable manuscripts in the possession of Messrs. Hodges and Smith, in which
the sum is given in words as " six hundred pounds." Even this is a small sum for so great
a work, and makes it probable that the operation did not extend to a survey of the whole
moiety reserved for the adventurers, but was merely a revision or completion of some doubtful
or defective parts. This duplicate will, bears autograph corrections by Sir William^ and the
signatnre appears to be original. It was among the Southwell manuscripts.

CHAPTER

( 342 )

CHAPTER XVII.

Pages 257-289.

This chapter opens with Dr. Petty's suspicion, that the death of the Protector, and the design
to injure his family and all dependent on thenx, was now added to the other causes of acrimony
against himself, he being then Secretary to the Lord Lieutenant^ Henry Cromwell, as well as
to the council.

The inunediate complaint was conveyed in an anonymous letter, which fell into the hands
of the Lord Lieutenant, who, desirous of giving Dr. Petty an opportunity of vindicating him-
self, by bringing the ceaseless complaints against him into a tangible form, made the subject
known to the body of officers then in Dublin, some of whom it appears were ill-disposed
already towards Dr. Petty ; and in compliance with a petition sigped by the principal officers,
among whom were Sir H. Waller and Sir Charles Coote (which confirms Dr. Petty*8 opinion
that thu proceeding was not viewed in an unfriendly spirit by many of the officers), a commit^
tee of seven was appointed. This was composed, however, of persons strongly opposed to
him. He describes them humorously while he gives their names. Their first demand was
merely for the formation of a general book of the distributions, which was ordered by the
council on the 24 th of January, 1659, but subsequently dropped, as Dr. Petty believes, in
consequence of his election to a seat in the Parliament then about to sit, the supposed object
of this book being to obtain its confirmation in gross for their own exclusive interests, which
he might be able as an English member to prevent, as it was apprehended the Irish members
might not be allowed to sit. Dr. Petty, however, not choosing to trust altogether for
reason and justice to a " Parliament like to be very factiouse," thought it desirable to state in
writing what land he already held, and what claims he considered still to be his due ; which he
did, addressing it as a claim called an *' Humble Address and Demand," to his colleagues in
the commission for distribution, by whom it was laid before the council, and at Dr. Petty's
instance referred to the seven officers who formed the committee. This, it must be admitted,
indicates every desire on Dr. Petty's part to meet and even to invite the fullest inquiry.
With perfect fearlessness he carries the war into the enemies' country ; and, while his anta*
gonists are disputing his present possessions, he meets them by preferring a claim for more.

It may be argued, however, that this was only intended to lead their attention away from
the real question, but if such were the objecti it failed, as the (Sentient officers in their re*
monstrance, afterwards fell back on the original ground in nine distinct charges, and it led to
a very explicit statement from Dr. Petty, as will shortly be seen.

He accompanied the address and demand with a paper, of which no copy is given, but
which we may assume on examination to have been found correct, as the report drawn up in
consequence, was in accordance with the Doctor*s wbhes.

Neither the demand nor the report are easily understood. In the report mention is made
of a Mrs. Carey (who for the first time appears in the anonymous letter which led to the
inquiry), on whose behalf a joint claim is set forth ; and at the close of the report it is stated

that

( 343 )

that no satisfaction appears to have been made to Dr. Petty for his service in the employ,
ment of setting out lands, whereas the permission to purchase debentures, in the fourteenth
chapter, page 223, though only <*untill they would do for him what might answer the end
aforementioned." viz., full payment for those services, was itself no inconsiderable boon.

The majority of the seven signed the report, but three objected, and were ordered by the
council to put their objections in writing, which was enforced, after another application from
Dr. Petty, that a "full and fair tryal" be accorded him.

At length the dissentients delivered their objections, in nine distinct articles, to which
Dr. Petty replied in full detail. First, showing that their articles do not bear upon the sub-
jects of the report which they objected to, and are, therefore, not such as they were called
on to draw up, and were required to present. But they were in fact nine distinct charges,
and he answered each of them in the most ample and complete manner, with a seriousness
and exactness proportioned to the importance of the subject, accompanying the whole with a
sdiedule setting forth the several statements, more especially in relation to the third article,
as exact matter of account.

In regard to the figures in this schedule, and to these calculations, the Doctor might well ap-
prehend they '* would be to strangfers troublesome and obscure ;'* and they certainly are not less
so at this day, complicated with the price of debentures at different periods, the " enhanced
and depressed** rates of lands, and the '' quota pews" besides introducing subjects not else^
where adverted to, as Mrs. Carey, the lots of regiments in Kerry, and others. Yet few
would probably have been found to dissent from the six inferences he draws, or come to any
other conclusion than, as he expresses it in his fourth, " that the way of his satisfaction was
neither contrary to law or eqidty, only it was singular and extraordinary,** *' that he did not
choose that way, but was forced on it,*' and that from these circumstances it was peculiarly
liable to jealousy.

It may, perhaps, be regretted that he should have dealt in lands at all, while he was him-
self a commissioner for distributing them. Such would now be the feeling of a public
officer^ and such was his own feeling, having long ** forbore out of tenderness to deale in
land or debentures, till the whole army was satisfied." But it does not appear that he sought
the office, and it would have been unreasonable that he should on that account have altoge-
ther abstained from purchasing land, or from obtaining that mode of payment, when it seemed
possible even that means might fail, from the number of unknown clums of other kinds
which were commg in ; so many, that he states it was doubtful whether there would be enough
land to satisfy them all. And it is to be remembered, that although the Act prohibited all
persons employed in connexion with it, from dealing in land without the special consent of
the council, it allowed public salaries and public debts to be paid wholly or in part in land,
and that such was the general practice. The names of his immediate coadjutors, Gookin, King,
Symner, Worsley, nay, every name which appears in this history, appears also in the books of
distribution as a possessor of land. His having forborne so long, appears the only peculiarity
in that respect, except, indeed^ the peculiar knowledge and ability which he brought to bear
.upon the subject^ when once he had entered upon it.

It

( 344 )

It is clear, however, from the fiflteenth chapter^ and from this, that he had actually in-
vested £7469, either his own or admittedly due to him, viz., X3181, army debt, and £1000,
debentures therewith (p. 217)»£1263 in redemption of mortgages (pp. 223-288), and £2025
for labours of distribution, for which 18,482 acres had been set out to him at the usual rates
(pp. 225-227). The additional sum, stated to be ''above £3000," at page 227, and £3139
here (which are probably the same), arising from comparing what he had. with what he might
have had if his employment had not precluded him from dealing in the ordinary way, does
not appear to have been then satisfied. There can be no doubt he considered it fairly due,
especially in the absence of specific remuneration for his employment as commissioner of dis-
tribution, nor any that his extraordinary labours were not on the whole over-requited, com-
pared with many around him, as it can scarcely be doubted that but for his survey and sub-
sequent operations, the lands would not have been surveyed or set out before the Restoration.
But neither is it to be wondered at, that to persons not conversant with the circumstances,
nor acquainted with the peculiarities of his case, it might have appeared extreme and irre-
gular. For example, the £3181 was indemnified fully in land, but it appeared to represent
only £614 of real debt, and the 9665 acres given in requital for the £3181 and £1000 deben-
tures, would seem conveyed for the £1000 only; the 3000 acres of redeemed land, also,
would appear conveyed for half-a-crown, yet in both cases the full amount was paid, and the
smaller sums merely satisfied the technicalities of title.

We are not even now in possession of all the circumstances. Dr. Petty writes vrith his
mind full and clear upon his subject, but presupposes much knowledge in his reader, then
common, but now lost. The soldiers* pence would seem to have been fully satisfied by the
0665 acres, and the right subsequently given by the Act of Settlement on that account, re-
lated only to the adventurers' lands» yet that Act recognises his former services as a commis-
sioner of distribution being still unrequited. The boldness with which he defended his
acquisitions may be inferred from the successful issue of a suit on his part against even the
Duke of Ormond, mentioned by Carte, vol. II. p. 393, and all this could not have taken place
after the Restoration, if there had been doubt of the former probity and correctness of his
conduct, or ground for the charges or articles of impeachment.

To the personal character of Dr. Petty, this chapter is among the most important in the
history. It belongs, indeed, rather to that subject, than to the history of the survey, yet it
would be improper even here to pass it without these few remarks. And it is fortunate that
the proceedings in Dublin led him to place even these facts on record, as subsequent events
crowded on too rapidly to allow any judicial conclusion to be come to, for his exculpation
and satisfaction. He earnestly desired that all proceedings on the subject ** may be published
in print,*' very properly remarking, page 279» that " without this, these proceedings, which may
bee a mine to your petitioner, will be but sport to his adversaryes, allthough they miscarry,
they staking nothing to your petitioners whole estate and reputation."

Thus far all was in a fair course of being brought to issue in Ireland, where all parties
could be made cognizant of the circumstances, and Dr. Petty*8 exculpation or the reverse

would

( 345 )

would probably ha^e been complete, but suddenly the renne was changed to London, by
charges exhibited in Parliament by Sir Jerome Sankey, which Dr. Petty, himself a member of
the House, was summoned to take his seat, in order to answer.

CH APTER XVIII.
Pages 289-307.

On the 26th of March, 1659, Dr. Petty, when all was ready for his long-desired trial in
Dublin, was called to London by the Speaker's order of the 26th of March, 1659, having been
ftvnished with a copy of the articles presented against him by Sir Jerome Sankey. '

The only definite charge was, that, contrary to the Act, he had " made it his trade to pur-
chase debentures," he ** being then the chief surveyor ;** the others, though of serious import,
were general, requiring minute evidence to support them, such as a committee in our own
day would inquire into.

Dr. Petty took his seat on the 19th, and answered on the 21st of April, in a maiden speech,
reported, it is true, by himself, but temperate, and quite consistent with the facts and circum-
stances which the preceding narrative will make all readers acquainted with. Sir Jerome's
reply is characterized by the ludicrous vehemence and anger which the Doctor always de-
scribes as his peculiarity ; but it must be remembered we have not his own report of it, and
the dissolution of the Parliament prevented any further proceedings.

The attack was renewed by Sir Jerome in the Long Parliament, which re-assembled in
May, his adversaries hoping, as the Doctor believed, to deprive him of the " benefit of the
Act of Indempnity then passing ;" and on this occasion it assumes the formidable designation
of '* articles of high misdemeanour, frauds," &c., which are expressed at great length.

On which it is " ordered by the Parliament that they be referred to the Commissioners
for managing the government in Ireland^" and the said Commissioners were " fuUy authorized
to hear and determine the same."

This reference to the authorities in Ireland, would have restored matters to the state they
were in before, but political events crowded rapidly on, and in the ^ Reflections," where
copious answers to the several articles are given, the Doctor informs us that ** Sir Jerome
keeps off my trial in Ireland, never so much as delivering the articles and the Parliament's
order of reference unto the referees appointed, yet sends me false alarms to discompose my
a^res and n^ociations in England, and threatened upon the army's owning the northern
brigade's proposals, promoted by himself, but distasted by the Parliament, to give me no
quarter," &c.

We know from the history of the period that Sir Jerome took a prominent part in the
proceedings of the army, during the short interval it assumed high power at the close of 1659.
In the Parliamentary History, vol. xxn., p. 3, his name appears first of twelve who sign the

IRISH ABOH. SOa 2 Y circular

( 34<S >

circular letters const! tuting and calling togpether the committee of safety. And inDe Larrey*t
Histoire d'Angleterre, vol. iv. p. 375, we find him commanding the Irish Brigade in Lam-
bert's armj in the north of England. Sir Charles Coote, who appears to have been always
friendly to Dr. Petty, sided with the Parliament and Monke. The Restoration and the
Act of Settlement speedily followed, and we hear no more of the impeachment or misde-
meanours, which, if the memory of them had not been preserved by Dr. Petty himself^ would
probably have been long since forgotten altogether.

Not so the survey^ which will always remain one of the most remarkable midertakings of
which we have any record. We are not to estimate its merits as a topographical work> by the
precision which has been attained in modern times, nor test it by comparison with modern
surveys, but with those which had gone before, and which it immediately replaced, as well as
the circumstances under which it was executed, and the short time in which the whole opera-
tion was performed.

Before the time of Petty, except the material compiled into the early maps of Ireland by
Boazio, Ortelius, Norden, Blaeu, and others, the only detailed surveys of any magnitude were
those of the King's and Queen's Counties, about 1630 ; the county of Londonderry, by Raven ;
and the Strafford Survey. Worsley was carrying on the surveys for grants and forfeitures,
which have been sufficiently adverted to already as " grosse surrounda^" but it remained for
Dr. Petty, to originate the idea of connecting the separate operations, into a general surv^ of
the three provinces which were not comprised in the Strafford Survey. His great step was
making territorial and natural boundaries the main objects, instead of estate booadaries alone ;
because the former were permanent and enduring, the latter in their nature flactoating, and
destined to change by the very purpose for which the survey itself was made*

The insertion which he eqjoined of prominent buildings and objects, the heights of re-
markable mountains, the more general information in regard to harbours, roads, and oommo-
nicationS) were the result of the general, and, it is not too much to say, enlarged views he
took of the work before him. The division of labour, first between office and field-work, and
then between operative and directing ability: the foretbought» apparent even in the minutest
particulars, mark Dr. Petty as possessing the faculty which would probably have oonunaoded
success in any undertaking or career to which he had devoted himself.

That he should have ventured upon one so remote from anything to which his attention
had previously been directed, may be taken as great boldness on his part, but it enhances our
surprise at the success of the work. It would be no easy task in our own day, to accomplish in
thirteen months, e?en a traverse survey in outline, of 5,000,000 acres in small divisions, and
it was immeasurably greater then. But then, as now, the difficidties of the director of snoh an
operation did not lie in the work itself. They arose from the obstructions thrown around him,
by Ignorance on the one hand and jealousy on the other ; without any power possessing siif«
ficient knowledge, strength, and general control, to afford protection and support Enmi^
is always more active than firiendship, and the few who feel or fancy themaelveB ii^ured, are
far more clamorous, and more heard, than the many who are honestly served and sa tisfie d.

The

( 347 )

The trae appeal is to the qniet force of public opinion, as time moves on, and anger gra*
doally subsides ; and from that tribunal the award has long been fiivonrable to the work of
Dr. Petty. It stands to this day, with the accompanying books of distribntion, the legal
record of the title on which half the land of Ireland is held ; and for the purpose to which it
was and is applied, it remains sufficient. To the rigidity with which it was executed, the
adventurers and soldiers are indebted for the Act of Satisfaction having been carried out. At
the rate of progres s of the former surveys, the distribution could not have been completed
before the Restoration, when the lands would have been deemed indeed forfeited to the Ring,
and their former proprietors deprived, but the distribution would probably have been very
difibrent. Some years afterwards. Sir William combined his maps, and engraved a coun^
series, in the frontispiece to which, it may be observed, is the only portrait of him known to
exist. This engraving is mentioned by Walpole, but the original picture is lost. For a general
map of Ireland he felt the want, either of triangulation, or of latitudes and longitudes, to con*
neet the counties and smaller divisions, and it was the end of the next century^ before such a
map, worthy to be so called, was constructed by Dr. Beaufort.

The more modem labours of the Ordnance Survey are too familiar to render any notice of
them here necessary, if it were not wholly out of place to speak of them in detail, and the
time is, perhi^ not come for doing so with advantage. They were very similar in many re*
spects, as well of difficulties and obstructions, as in the modes of meeting them, to the work we
have been considering, after a lapse of two hundred years ; but they had their origin in peace,
and for their object the improvement of the country, and the adjustment of its local burthens,
instead of war, confiscation, and allotment.

The volume closes, indeed abruptiy, at the period of greatest importance to Dr. Petty ;
but the facts and statements of both parties are set forth, and at the close of the '* Reflections"
so often quoted, he writes, "that although Sir Hierome and Mr. Worsley have calumniated
me with most monstrous imputations, and have possessed many with a belief of them,
yet no man to the present day ever taxed me with the least to my face; the which if any
person shall think it worth his pains to do hereafter, I shall willingly gi?e a meeting to hear
him, or to prove any of the particulars to which I have alluded in this discourse. And I
desire all now in power, especially such who, as I had, have the dispensing of benefits to
multitudes, by way of antidote to themselves, to procure a fair hearing of Sir Hierome's
articles, as also of my services and sufferings in Ireland, that I or my adversaries may be re-
paired or punished according to our respective dements ; I desire the same also from the
curious in general, viz., that they would examine whether there must be fire, that is guilt,
where there hath been so much smoak of calumny, for my enemies do not hate my work,
but envy my wages. They labour to confirm the one, and yet to destroy my claim of the
other. I suffer, not because I sin, but because I would not sin, and serve particular interests.

** * Non mihi culpa nocuit, sed inridia.* "

It is possible no conclusion more satisfactory mighty in the heat of that time, have been

2 Y 2 arrived

( 348 )

arrived at. Dr. Petty probably intended to continue the narrative in more detail in re-
gard to his arrangements for the distribution of lands, as intimated in the fourteenth chapter,
but it is not known that he ever did so. His Political Anatomy of Ireland, and other works,
however, contain the results of the thought and calculations to which he was led by these du-
ties, and hu public life did not terminate with the Conunonwealth. Immediately after the
Restoration his knowledge and ability were again useful, and he was one of the commissioners
for carrying out the instructions of the Act of Settlement By the 101st clause of that Act
his property was confirmed to him» as held on the 7th of May, 1659. By several clauses the
survey was recognised as the authentic document of reference for the purpose of settlement
and claims, the Act not allowing dissatisfied parties to call for other surveys, unless errors of
more than one-tenth were discovered in it.

In the Act of Explanation, again, by the 5dth clause, his titles were confirmed ; and his
claim to the unpaid penny an acre on certain adventurers' lands, was recognised by the 100th
clause, with powers for its enforcement, " for his better encouragement to finish the maps
and description of this Kingdom."

His petitions to the King in 1661, 1664, and 1666, on these points, as well as for re-
muneration for his former services as a commissioner of distribution, are among the valuable
papers in the charge of Sir William Betham, in the Record Tower of Dublin Castle. Of the
description of Ireland, it is to be presumed the various topographical memoirs which he col*
lected from time to time were to form parts ; and the survey gave him immense facilities for
collecting exact information. The effort to extend the maps to a real survey, by this collec-
tion and publication of memoirs in connexion with it, had also its analogy in the Ordnance
Survey^ in which also the effort failed. Governments, like men^ are apt to measure the value
of a thing by its cost, instead of its results, by what produces it, instead of by what it will
produce, — "will bring** (less wise in that respect than Sir Hudibras 1) Many may dissent from
the views taken in the Political Anatomy, but none will deny of what value it would be to us, if
the local state and circumstances of every district at that time, had been placed on record.
Dr. Petty saw clearly that a map alone is not a survey, though it is the indispensable basis of
such a work. O'Flaherty's Description of West Connaught, recently edited for our Society by
our learned coUeague, Mr. Hardiman, has preserved for posterity the effort of Dr. Petty in
this direction ; while the Memoir of Templemore, and the numerous historical papers collected
and preserved in the Office of the Ordnance Survey, will remain to show that similar efforts
were made in connexion with the more modern work ; and the Geology of Londonderry, with
the Museum of Natural History, evince the extension of the subject to those branches of 8ci«ioe
which at the date of the former survey were unknown or in their infancy.

In 1660, while the Long Parliament was still sitting, we find Dr. Petty*B name occur, not

answering malicious charges in that assembly, but in Pepys' Diary, on the evening of the lOtb

March, " at the coffee-house with a great confluence of gentlemen, where admirable discourse

till nine at night*' Here is probably a germ of the Royal Society, of which the Doctor was

an early and distinguished member. The notice stands, with the usual grotesqueness of

Pepys* motley narrative, in the midst of political turmoil.

In

( 349 )

In April, 1661, Dr. Petty was knighted at Whitehall, and ahout the same time purchased a
house in London, where he thenceforward resided frequently. The diaries of Pepys and Evelyn
contain frequent mention of his name, and among other things of his double ship, which was
navigated to the Thames in 1663 ; when, again Pepys, — " at the Coffee-house, where I met
with Sir George Ascue and Sir William Petty, who in discourse is, methinks, one of the
most radonal men that ever I heard speak with a tongue, having all his notions most distinct
and dear.'*

Being now free from " surveys and distributions, and other disoblig^g trinkets*' (see
Reflections, p. 1 1), he was at leisure to devote himself to liberal and useful arts, and to enjoy
the society in which he took pleasure, and in which he was appreciated, as well in London as
in Dublin.

His life was yet spared for more than twenty years, and he cultivated knowledge, promot-
ing and leading learned societies, while he also carried out active measures for the improve-
ment of his property and his tenantry in Ireland, in accordance with his wish '* to be really a
benefactor to the same land whereon Grod had already blessed his labours."

The history of the Down Survey is but one chapter in the life of Sir William Petty, but,
with his many subsequent works and papers, some still unpublished, it places him among the
most remarkable and distinguished men of that stirring age. His enemies are forgotten, and
he has passed away, but his works live afier him.

APPENDIX.

APPENDIX.

Sati^fitetum ofth» Advnturtrt for Latdi ta Inlaad, and o/tie Amart du» to th» Soldury
there, and of ether publigue Debt^-

WHEREAS muij wetl-affeoted perioni, bodiea politiqne and corporate, did lubscribe
and pftf in, upon Mver&l Acta and ordinancei of the late ParliameDt, diveri coneidera-
ble innu of mon^ bj waj of adventure towardi the guppresuou of the late horrid rebellion
in Ireland, which iiud loiiu of money were, b; the laid Acts and ordinanceg, appointed to be
•atiafied bj several proportion! of the land* of the rebels there, as soon aa the said rebellion
(honld be appealed ; and whereas also several other great anms ofmonejare grown due<
and in arrear unto the offlceri and soldiers who have been emplojed in reducing the said
rebels, and to sundry other persons either for arrears jet unsatisfied, moneys lent, or provi*
■ions or other anpplies furnished for the pnblique service; and whereas, b; the blessing of
God Dpoo the forces of this Commonwealtb, the said rebek are subdued, and the swd rebel-
lion is appeased and ended, and it is hereby declared to be sfipeased and ended. To the end,
tati^uOn tobt therefore, that all jmt satitfftction may be madeunto the adventurers, officers,
taini, oOm, and soldiers, and other persont aforestud, at soon as possibly may be, and
(ttboi. that the oountrey of Ireland may be planted and setled with security unto

such as sfaall plant and inhabit the tame, be it enacted by this present Parliament, and by the
authority thereof, that one order of the Council of State, dated the first day
of June, one thooaand six hundred Gfly and tbreci appointing and authorizing
Methuaelab Turner, of Cheaptide, London, Iinen<draper, and other persons therein named,
or any five or more of them, to Nt u a committee at Grocers' Hall, to r^ulate, order, and

■ From Soob^'i Acta and Ordkucea, dieter XIL
lUIB ABCH. BOC. I Z

( 354 )

dispose the drawing of lots for ascertaining to the said adrentnrers where their dividends of
CommbiioD hmds shall he ; and one commission under the great seal of England, hearing

tiHii%Hf?hS** ^^ ^ ^^^ ^"^^ twentieth day of Jane, one thousand six hundred and fifty-
"^'^^■''**<™* three, directed to Charles Fleetwood, Esq., Lieutenant- General of the army

in Ireland, Edmond Ludlow, Esq., Lieutenant-Gkneral of the Horse, Miles Corbet, Esq., and
John Jones, Esq., authorizing them, or any two or more of them, to put in execution the instruo-
Further instrue. tions thereunto annexed ; and the further instructions from the council of state
oouusU^itete ^ ^^® ^^ Charles Fleetwood, Esq., and other the said commissioners in
<'°>^^'™^* Ireland, or any two of them, bearing date the second day of July, one thou-

sand six hundred fifty and three j and all the powers and authorities given and contained in
the said order, commission, instructions, and further inatmetions, he and are hereby ratified
and confirmed.

whatiftndiihau And be it further enacted by the authority aforesaid, that one moyety of
nt^AlcSon to' such the forfeited lands, as shall be by vertue of the said commission and in*
the adTcntiuen. structions surveyed, measuredf ascertained, and set forth, and all and every
of them as are within the respective counties of Limerick and Tipperaiy including that part
thereof anciently called Holy Cross, otherwise Cross Tipperary), and Waterfbrd, in the pro-
vince of Monster, the King*8 County, the Queen's Coimty, and the counties of Eastmeath and
Westmeath, in the province of Leinstar ; the baronies of Duleek and Slane, in the said county
of Eastmeath, being included^ any former exception thereof in the said instructions to the
contrary notwithstan<ting. And the counties of Down, Antrim, and Armagh, in the provinoe
of Ulster, shall be and are hereby charged with the sum of three hundred and sixty thousand
pounds, for and towards the satisfaction of the adventurers for lands in Ireland, who sub-
scribed and paid in their moneys, according to the several acts and ordinances of Parliament,
mentioned and particularized in the said commission under the great seal, to be made unto
The rmtoa, pro- them in land, according to the rates, proportions, and conditions e:q»re6sed,
eonditionttobe limited, and provided in and by the said acts and ordinances respectively^
U^^^^JI^I^® and that the other moyety of such of the forfeited lands as are within the
°*>^<^* counties aforesaid, shall be, and are hereby charged for the security, and

towards the satisfaction of the arrears of pay due to the officers and soldiers of the present
What iiodadiau army in Ireland, to be made to them at the same rates with the adventurers,
wttoft S S^^ ^^^ '^ ^ *^7* "'^^ ^® ^'^^ ^^ ^^^ thousand acres in Leinster for six hundred
iMemoftbe pounds, one thousand acres in Munster for four hundred and fifty pounds,
Mud. and one thousand acres in Ulster for two hundred pounds, all according to

Irish measure, together with such other advantages of bog, wood, and mountain, as are
allowed to the adventurers.

Who ihsu hsTe Provided always, that those officers and soldiers onely, and their executora,

thM^^rw^ administrators, and assigns, shall have the benefit of Uiese concessions, who

"i*"^* are or have been of the present army in Ireland, and for the arrears of pay

grown due unto them since the fifth day of June, one thousand six hundred forty and nine,
and for such other arrears as beoame due unto them fbr their service in England, before

the

( 355 )

tbe said fifth* of Jane, one tiionsaiid six hundred forty and nine, for which no satis&ction
>Mb di^ n^ hath been already given, and that they shall not have power of selling their
in Mtoa piMwi arrears or debentures, or of selling or alienating any the lands to be allotted

nnto them, until they shall be in the actnal possession of such lands, without

leave or license first had from the conmiander«iii-chief for the time being, or such as he shall
An MiM cr authorise for that purpose ; and that all acts of sale or alienation that shall

^^Ijjjj^'^^'i^ be made contrary hereunto to be null and void. And for that divers construe-
^*>^ tions may be made upon this present Act, or upon any former Acts of Par*

liament for reducing of Ireland, what shall be said to be woods which shall be cast in over and
above unto the several proportions of land hereby to be alotted to the adventurers and soldiers ;
2d^*be^o!^ be it therefore declared and enacted by authority of this present Parliament,
ti»be oMt in. that such woods onely shall be taken to be within the intent and meaning of

this present and other former Acts as are growing upon barren mountains, or which are not
fit for timber, anything in this or any former Act to the contrary notwithstanding.

'^uii £^£itar ^^^ ^ ^^ ^^ '^ equal divident of the said ten counties may be made

tiM tan MontiM. betwixt the said adventurers and the said officers and soldiers, be it further
enacted by authority aforesaid, that upon return made of the surveys of each of the said
counties to the aforesaid committee for the lottery at Grocers' Hall, as by the afore-mentioned
instructions issued under the great seal is directed, the said committee, upon computing the
forfeited lands in each barony, shall divide each county by baronies into two moyeties, as
equally and indifferently as they can, and then a lot or lots shall be drawn by the adventurers,
or some on their behalf i^[>pointed, and by some officer or officers, or other person or persons
appointed bj the Lord General Cromwel, on behalf of the solcfiery, for the dividing each county
by bironies as aforesaid between them ; and thereupon the said committee shall make forth
two certificates under their hands and seals, each of them to contun and specifie which baro-
nies in each county do by lot All to the adventurers, and which to the soldiers, and those
certificates shall ascertain to each th^r divisions respectively, and when the division is so
made, the said committee at Grocers' Hall shall cause the respective baronies of the ten coun-
ties, so appropriated to the adventurers for and towards their satisftustion, to be equally sub-
divided amongst them by lot according to the proportions belonging to every of them ; and
Bnpphr where if any baronies be defective to answer the sum which is apportioned thereto,
the. supply shall be made out of any other barony or baronies belonging to the

adventurers, where an overplus shall be found within the same county, and in default thereof,
WhoAaJUMOt within the same province, if it may be ; and for the equal dividing and sub-
th« money be- dividing of the baronies and lands within the other moyety of the said ten
iSw^jrf**** counties, which shall be appropriated to the officers and soldiers, the said
commissioners of parliament, or such as they shall appoint, shall be, and are hereby fully em-
powered and authorised to distribute and set forth unto the said officers and soldiers, answer-
able to their respective arrears, their several proportions of lands by lot or mutual agreement
Oonmader-iA. amonffst the said officers and soldiers. And the oommander-in-chief of the

ehief to deter- •.•«*«. • •««

forces in Ireland, or such as he shall from tune to tune appoint for that pur-

2 Z 2 pose.

( 3S<S )

^'^^^^^WoB ^^*^* ^^^ ^ '^^ '^^ hereby impowered and aothorisEed to hear, ac|J°<^
bcrdn. and finally conclude and determine all differences and oontrorerries that

shall and may happen or be between any the said officers or soldiers, or any part of them,
in or concerning the dividing, snb-dividing, apportioning, or allotment of any the lands afore-
saidy and such direction, judgement, and conclusion as shall be made and given in and con-
cerning the same by the said commander-in-chief, or such as he shall appoint for that pur-
pose, shall be observed and obeyed by all and every the officers and soldiers and other per-
sons who shall be any way concerned therein.

Supply for the And be it further enacted by the authority aforesaid, that in case the

^^l^^^SoyStf nioyety of the said ten counties shall not be sufficient to satisfie the debt of
ti!niihau\^be ^® ^^ adventurers, then the remainder thereof shall be satisfied by such lands
"^''^^i^^ as are forfeited in the county of Lowth, within the province of Leinster^

excepting the barony of Atherdee, and what shall be defective in the other moyety of the
Supply for the Said ten counties, to satisfie the arrears of the army in Ireland, that have
SmdUn^oueof accrewed and grown due since the fifth of June^ one thousand six hundred
^^•^ forty and nine, together with such other arrears as became due unto them

for their service in England before the said fifth day of June, one thousand six hundred
forty and nine, shall be made up and satisfied unto them out of the surplusage of the moyety
of the ten counties slotted to the adventurers, in case any such surplusage shall appear to be,
and out of the county of Lowth, except the barony of Atherdee as aforesiud, or out of the
forfeited lands of other counties in Ireland, to be appointed by the said commissioners, or
such other as the Parliament shall authorize thereunto, at the same rates and with the same
advantages, and in the way and maner as is prescribed for them that have their payment
out of the ten fore-mentioned counties ; and whereas it is found necessary, for the sadsfac-
tetii&ctioa for (ion of the arrears of those forces of the army in Ireland, who were lately

aneurs of forces * . '

ditbanded. disbanded, or are within short time to be disbandedi that several proportions

of forfeited lands be set forth in several parts, other then in the aforesaid ten counties ; that
is to Bay, out of the province of Connaught, such of the forflnted lands beginning at the end
of one statute mile round the town of Sligo, and so winging upon the sea-coast, not above
four miles distant from the sea, as should satisfie part of the said forces; and out of the
barony of Atherdee, in the county of Lowth, in the province of Leinster, and out of the
baronies of Maghere, Stephany, and Clanowley, in the county of Farmanagh, in the province
of Ulster, and out of the baronies of Farmoy du Hawley, Condons, Arrora, Carbery, Kilmote,
Rilmolee, and Kilnocken in the county of Cork, such other of the forfeited lands within the
same, as should satisfie the rest of the sud forces in the apportioning or distribution, of which
care is to be taken that there is an assigning or alotment of lands as they lie together, with-
out intervals.
LandB set oat to And that none shall pick or chuse as they lie dispersedly, or at distance

the pcTBons dii-

tended by the one from another within the said baronies, be it therefore enacted, and it is
be enjoyed. hereby enacted by the authority aforesaid, that such forfeited lands in all or

any the baronies or places aforesaid as are or shall be by the said commissioners in this act

afore-named.

( 3S7 )

aforenamed, before the last day of Febmary, one thousand six hundred fifty and three, set
out, apportioned, and alotted to all and every the persons so disbanded, or that before the
said last day of February, one thousand six hundred fifty and three, shall be disbanded, shall
be by such disbanded forces and every of them, their heirs and assigns, held and enjoyed under
such estates^ tenures, and upon such conditions as are in this Act expressed for the adventu-
rers, and the officers and soldiers of the standing army.

|[)g;[|;^ {^^ And to the end that maimed soldiers and helpless or aged widows may

aadwidowi. have speedy satisfaction, in such places as may be secure and convenient for

their habitation, be it enacted by the authority aforesaid, that the said commissioners of Par-
liament shall be and are hereby impowered to allot and set forth to maimed or impotent
soldiers, and to helpless or aged widows and orphans who have arrears due to them in right
of any soldier, or of any officer slain or dead in the service in Ireland, whose respective arrears
exoeedeth not one hundred and fifty pounds, such forfeited lands within the barony of Ymo-
killy, in the county of Cork, or the barony of Castleknock, in the county of Dublin, as shall
aadsfie their said respective arrears incurred unto them or their husbands, since the fifth of
June, 1649, at the same rates and upon the same conditions as is allowed to the said adven-
turers, officers, and soldiers, and the lands so set out to them shall be by them, their heirs
and assigns, held and enjoyed under the like estates and temures, and upon like conditions as
the said adventurers, officers, and soldiers, are by this Act to hold theirs.
Who dull hAT« And be it further enacted by the authority aforesaid, that if any differ-

'^**'— ence shall arise or happen amongst the adventurers, or between any of them,

or between them and the soldiers, or between them and those who shall be admitted to pur-
chase landsf or between the soldiers or the purchasers, for or concerning the entring upon,
possessing^ and setling of their lands, according to the several proportions alotted or made
over to them respectively ; the said commissioners of Parliament shall be, and are hereby
impowered and authorized by themselves, or such others as they shall appoint, to hear, exa-
mine, and finally conclude and end all such differences, that each may enjoy his and their
proper right, according to the true intent and meaning of this Act ; and such theur determi-
nation shall be conclusive and binding to all intents and purposes.
F fire ymn ^^^ ^^' ^^ encouragement of the said adventurers, officers, and soldiers,

teaesnottotf- the ease and benefit of the inhabitants already in Ireland, and the more

oeed oDA-fiourtli _

nrtofthajreur- speedy and effectual planting of the same, be it further enacted by the au*

SioTiiuidaikr^ thority aforesaid, that the said adventurers, officers, and soldiers, and their

"'"^ and every of their heirs, assigns, and tenants, respectively, as also all other

inhabitants, owners, occupiers, and tenants of land in Ireland, shall from and after the four

and twentieth day of June, which shall be in the year one thousand six hundred fifty and four,

for and during the space of five years then next coming, pay or be charged to pay for and in

consideration of the said lands and stock thereon towards any publique charge, no more than

one-fourth part, both for the landlord and tenant, of the true and full yearly value and profit

Aftarftvejcan of their respective lands and stock thereon ; and after the expiration of those

aottoeaoMd five years, no more nor otherwise then what shall be assessed and rated for

^*i^SmL them to pay by Act, ordinance, or order of Parliament, and therein not to

exceed

( 358 )

exceed the proportion of assesameots which shall from time to time he imposed on the inha-
bitants of this Commonwealth residing in England,

^^S^Sit ^^^ ^^ ^^ further enoonragement of the said adrentnrers, officers, and

ywn. soldiers, and the more speedy and effeetnal planting of the said forfeited lands

in Ireland, be it enacted and declared hj the anthority aforesaid, that all and every of the
quit-rents charged or reserved upon the said forfeited lands by any former act or ordinance
of Parliament, shall be and are hereby remitted for the term of ^we years, and the said ad-
venturers, officers, and soldiers, or other persons who shall have any lands set out onto them
by vertue of this Act, their heirs^ ezeontorsy administrators, and assigns, shall be, and hereby
are discharged and freed from any payment of any of the said quit-rents, fbr and daring the
said term of five years, to be computed immediately from and after the respective lands shall
be set out or alotted unto them, and shall hold and enjoy thdr lands without any let, trouble
incumbrance, or molestation whatsoever, for or in respect of the said quit-rents, for and during
the term aforesaid, anything in any former act or ordinance of parliament to the contrary in
any wise notwithstancting.

Rcftrfction of Provided nevertheless, and it is hereby declared and intended, that no

thit nmittei. person or persons whatsoever shall be capable of the said indulgence or re-

mittal of the said quit-rents, unless such person or persons shall within twelve moneths next
after the alotment of his or their proportion of lands, enter upon and begin to plant the same,
by himself, servants, or tenants ; and continue in the planting and improving thereof for the
term of three years at last then next to come, after the expiration of the said twelve months.
But in case any shall refuse or neglect so to do, the quit-rents reserved by any former aet or
ordinance as aforesaid, shall be, and hereby are continued chargeable upon such his or their
proportions of the said forfeited lands ; and all and every such person or persons shall be
liable to pay the same, as if this act had never been made.

i^^SSr^ And be it further enacted by the authority aforesaid, that the oonmis-

cbsM hooMi in sioners of Parliament aforesaid, shall, and are hereby authorised to admit the
towns. said adventurers, officers, and soldiers, to purchase any of the forfeited

houses or messuages in any eity or walled town within any of the ten counties aforementioned,
for their security and habitation, paying for the same after the rate of six year's purchase, to
be paid in ready money, as they are or shall be found by survey to be of present value to be
p^^^^^ let. Prorided they purchase no more then one moiety of the houses within

the cities of Limerick, Waterford, and town of Clonmel ; and that they do
make their purchase of the same at or before the twenty-fourth day of June, which shaO be
in the year one thousand six hundred fifty and ^ve. And in the sale and disposal thereof the
commissioners aforesaid are to have respect to the accommodation of both equally and indii>
teTlng of rights ^«rently, saving unto every person and persons all his and rtieir right, titles

and interest, to any house or houses in any of the said cities and towns, that he
or they were possessed of the twenty-fifth of March, one thousand six hundred fifty and threes by
force and vertue of any Act, ordinance, or order of Parliament, or by order from the commissioners
of Parliament, or any three or more of them, in pursuance of the powers given unto them by

the

( 359 )

tiMMttHo the late PwU«n«nt. And that the said cities of limerick aad Waterford,

limerick. HTs*

jBrMTttkd *^^ ^^^ ^^ Cloomel, shall have equal priyileges, franchises, and immunities

^^^^'^«^' with the city of Bristol in England, and charters granted unto the inhabitants

WMtosraai* thereof under the great seal of England to that effect. And if any vaoant

indtlfliortowiia , . -

njbegiMitod places or waste grounds, heretofore belonging to the rebels, and now for-

Hovited they felted, shall be found within the walls of any of the said cities or towns, fit

feftbHabtoboom. '^ conrenient to be built on for habitation, or any other necessary accommo-

dation» it shall and may be lawful for the said commissioners, or any two of
them, to grant the same grounds in convenient proportions to such person or persons whatso-
ever, professing the Protestant religion, and to their heirs and assigns as shall become
suitors for the same, without paying therefore any fine or other consideration. Provided that
he or they inclose the said vacant places and waste grounds, and build thereupon habitable
houses in good and substantial manner, as shall be thought fit and appointed by the said com-
mistio&ers, within the space of three years next after the same shall be assigned and set out
unto them.

Banpcian ftom And for the better encouragement of the said adventurers, officers, and

DMntte ten^* Soldiers, be it further enacted by the authority aforesaid, that neither they,
'**'*' nor any of them, nor any of their tenants or servants residing upon any of the

kudds to be set out and allotted unto them in the said counties, save such as shall be under the
pay of the Commonwealth, shall be put upon any military employments for the space often
years next after their dividents and alotments of land made unto them as aforesaid, without
their own consents, farther or otherwise then to defend themselves and their own plantations
against the enemies of the Ck>mmonwealth in those counties, cities, towns and places aforesaid ;
aad in such case to be conducted and commanded by their own officers, chosen by themselves,
and approved of by the said commissioners or commander«in«chief there of the forces of this
Commonwealth for the time being.

And whereas, for the more speedy and effectual setling the adventurers,

officers, and soldiers* in the said forfeited lands, power is given by the com-
nuBsion, and instructions under the great seal, in this Act before-mentioned, for the taking
aad returning a gross survey of the said forfeited lands, as in and by the said commission and
Tmaampommd instructions is at large expressed and directed. Be it further enacted by the
£^^2^^ authority aforesaid, that in case the said adventurers, officers* or soldiers, or
SSIwSruSSr^ any of them, shall upon such gross survey be possessed of more land than is
nsfeon it. due unto them or any of them for their respective proportions, it shall be and

hereby is made lawful for them or any of them, within the space of two years, from and after
the twenty-fourth of June, which shaU be in the year one thousand six hundred fifty aad four,
to purchase the overplus thereof fh>m the said commissioners at three years* value, ready
money, according to what it was let for, or worth to be let in the year one thousand six hun-
OfhcrwlM ndi dred and forty, or otherwise to restore the said overplus for the use and benefit
tnrtvjed. * of the Commonwealth. And in case the said adventurers, officers, or soldiers, or
toy of them, do forbear to purchase or restore the same for the space of the said two years,

the

( 3<5o )

the said commissioners, or such as the parliament shall authorize thereunto^ shall have power
within the space of three years after the expiration of the said term of two years, and not
afterward, to cause the same to he re-sur?eyed and measured, and in case that the said adven-
turers, officers, or soldiers, or any of them, shall, after the two years as aforesud, he found
possessed of more then is due unto him or them, the said commissioners, or other persons so
Such oTtrpiiu to authorized, shall hare power to sdze upon such overplus of the land of the
ndeemed. s^id person or persons so in default, to and for the use of the Commonwealth,

unless the said person or persons do redeem the same, hy paying in ready money for the said
overplus six years* purchase, according to the true value thereof in the year one thousand six
hundred and forty. Provided that such seizure be made upon such part of the sud lands
If 110 re-ranrey as shall he to the least prejudice of his or their purchase. But if within the
there ibaU be no term of three years as aforesaid no re-survey and admeasurement shall be
tian. ^ * made, and overplus found, there shall be from thenceforward no further in-
quisition made, but the said lands possessed and held upon such gross survey as aforesaid,
shall remain and be for ever in the possession of the said adventurers, officers, and soldiers,
respectively, their heirs, executors, administrators, or assigns, who shall then hold and enjoy the
same without any let, trouble, incumbrance, or molestation whatsoever, for or concerning any
re-survey or overplus.

Proteetioii to ^^^ ^® ^t further enacted by the authority aforesaid, that all the adven-

piaaten. turers, officers, and soldiers, who shall proceed to plant upon their several

proportions and alotments of land so to be set out as aforesaid, unto them and their tenants
respectively, shall have equal protection against the rebels and other enemies with other
members of the Commonwealth of England inhabiting Ireland, and shall have and enjoy all
grants, rights, immunities and privileges, which by any former acts or ordinances of par]ia>
ment shall have been granted unto the adventurers for lands in Ireland, and not restrained
by this act.

p^^^^j^^^ And be it further enacted by the authority aforesaid, that in case there

free icboois and shall be found an overplus of the forfeited lands in the respective counties
oftheorerpinsof aforesaid, after the adventurers and soldiers are satisfied, the said commis-
the aforeieid sioners of Parliament, or such others as shall be authorized thereunto, shall

^^"''^^'^' have power, and are hereby required to set forth and grant out of the same

such a proportion of land, not exceeding the value of one thousand pounds yearly rent in any
one county, for and towards the erecting and maintaining free schools, and for the setting iqp
and maintaining manufactures in convenient places within those counties.
Who ihau eze- And be it further enacted, that those powers and authorities which are

fore^ofSiw' mentioned in the third article of the first Act of Parliament, for the adven-
^^So^wmL turers for lands in Ireland, for appointing of maintenance for preaching mi^
IS&nfl^A^?^ nisters, erecting of corporations, and regulating the several plantations,
pia a tedoM. according to the intent and meaning both of the former Acts and ordinances,

and in pursuance of this present Act, be and hereby are vested in the said commissioners of
Parliament, or such others as shall be authorized thereunto, who are to execute the same ac-
cordingly.

( 3<5i )

PnbUqiw meet- cordingly. And also to take order for the erecting of publiqne meeting-
ta^iMM, big - p||^|«gs for ^Q worship of God, and for laying out highways of convenient
^"^^^c*"* breadth, and for building and repairing bridges for the ready passage of

travellers and carriages from place to place throughout the country.

EttitHMiwi And to the end the said adventurers, officers, and soldiers, and other per-

gnnti, Ac son or persons who shall have lands alotted, granted, or set out unto them

by virtue of this Act, may be confirmed and setled in their respective shares, proportions,
alotmMitSy and purchases, be it enacted by the authority aforesaid, that all and every adven-
turer and adventurers having a certificate under the hands and seals of any ^ve or more of
the committee at Grocers' Hall aforementioned, whereby he or they are enabled and autho-
rised to make their claims of lands in Ireland^ respectively, according to the said order of the
said council of state, dated the first of June^ one thousand six hundred fifty and three. And
all and every officer or soldier having (after the division made among the officers and soldiers)
a certificate under the hands and seals of the commissioners of Parliament, or any two or
more of them, and all other person or persons who shall become purchaser or purchasers of
any houses or lands having a certificate or conveyance under the hands and seals of the com-
missioners of Parliament, or such others as shall be authorized thereunto, shall from and im-
mediately after the setting out and particular alotting unto them their respective shares and
proportions accordingly, and the due recording or registering thereof, with the publique re-
gister for the said lands, be and are hereby adjudged to be in the actual possession and seisin
of all and every such houses and lands, with all things thereunto belonging, mentioned in his
or their shares and alotments ; and that he or they may then forthwith enter upon, have,
hold, and enjoy the same to him or them^ their heirs or assigns, for ever, respectively, to be
held in free and common socage as of the Castle of Dublin, under the covenants and condi-
tions reserved and made» or now reserved and made as by this Act is directed, limited, and
appointed.

Adv«ntin«n«s- And be it further enacted by this present Parliament, and the authority

SmS^ oMb^ thereof^ that all those adventurers for lands in Ireland, which shall partake of
SfSd li to* the privileges in this Act conUined, shall be excluded the benefit of any for-
^^^^^^^»^7** feiture committed by any of the adventurers who have not paid in their mo-
nies according to the tenor of any former Act ofParliament> any clause in the former Acts or
ordinances expressed in anywise notwithstanding.

Sueh M ptM not And all persons, corporations, or bodies politique^ who have made default

■eripdani may by nonpayment of their full subscriptions, shall have liberty to pay to Thomas
S S«t K«^ Andrews, alderman of the City of London, so much money as may fill up and

satisfie his or their former subscriptionsy or such a part as may not be of a lesser proportion
then was formerly paid by him or them in the year one thousand six hundred forty and two, and
the receipts of the said Thomas Andrews given in that behalf, which he u hereby authorixed
to give, shall be admitted by the conunittee at Grocers' Hall, and their certificate thereupon,
which they are also authorised to g^ve, shall be a sufficient warrant to him or them so paying,
to make claim for so much land as the money now pud bemg added to the former payment,
IBI8H ABCH. 80a 3 A amounteth

( 3-5a )

amoonteth onto upon any former Acts or thu presaot Act of Parliament; always provided
soeb M vn poor the same be paid within three months alter the publishing of this Act. And
ftrnmw^M^ all Other adventurers, who have not brought in theur moneys, according to
th«7 ptid in. their former subscriptions^ being now poor and unable to pay in the rest of

their adventure, and shall be so adjudged and certified by three justices of the peace, in the
respective counties and cities whermn they live (which certificate the said justices are hereby
authorized to give under their hands and seals). That certificate, with their former receipts
under the treasurer's hand, shall be admitted by the committee of Grocers' Hall, and their
certificate thereupon, which they are hereby anthwiied to give, shall be a sufficient warrant
to such poor person or persons to make claim for so much land in Ireland as the money he or
they at first advanced shall amount unto upon any former or this present Act, without any odier
additional payment in money, which said claim shall be allowed of accordingly, and satisfius-
tion be made in land, in like manner as is appointed for the rest of the adventurers, and shall
be enjoyed accordingly. And what money shall be brought into the treasury hereupon shall
be disbursed for surveying the lands, and deflraying other necessary charges in setling the said
plantations in such manner as the Parliament shall direct and appoint.
HowtiM THt of And be it further enactedby the anthori^ aforesaid, that all other the houses

houMsandiuidi and lands of the rebels in Ireland, and all the lands forfoited by virtue of the
ui, *>''P^'"*» before-mentioned Acts of Parliament, with their and every of their appurte-
nances, sdtuate, lying, and being within aU the several provinces and counties of Ireland, ex-
cept such as are in this Act hereafter ezceptec^ shall be set forth and disposed of by the said
For th« uxwa commissioners for the uses and purposes hereafter expressed, that is to say,
may In ii«iuid, for and towards the satisfaction of such arrears of pay of the officers and
of Jqiw. 1649. soldiers, and others of the present army m Ireland* as became due since the
fifth day of Jane, one thousand six hundred forty and nine, for their service in Ireland, or
before that time for their service in England, as aforesaid, which shall not be satisfied and
paid out of the forfeited houses and lands* within the ten counties formerly by this Act ap-
pointed, whose satisfoction out of the same is to be at the same rates and with the same ad-
vantages as are allowed to those that have their payment out of tho before-mentioned ten
counties ; and after sa^faction made as aforesaid, the remainder of the said forfeited houses
and lands shall be set forth and disposed of at the rates hereafter expressed, for the satisfae-
AizcAnbafon tion of other arrears and debts hereafter mentioned ; that is to say, for the
tbat timt. satisfoetioa 4>f att other the arrears of the said officers and soldiers of the pre-

sent army in Ireland, which became doe before the fifth day of June, one thousand six hundred
AxnanforMT- forty-uinc, for their service in Ireland not otherwise satisfied. And the ar-
^T^d^^ rears of any other officers or soldiers that served the Parliament in England
tobeauud. or Ireland, and have continued faithful to the Parliament, for their service

^ne in Engkmd or Ireland, which arrears for service done in Ireland, are to be stated by
the commissioners for aoeouats in Ireland, according to the rules and directions to them
given in an Act of the late Parliament, entituled, "An Act for stating and determining the
accounts of such officers and soldi«rs as are and have been emplejed in the service of this

Commonwealth

( 3«3 )

CommonweAlth in Ireland ;" and the arrears for serrice done in England, not being already
stated, are to be stated bj such persons and in such manner as the Parliament shall hereafter
direot { and debentures are to be taken forth aceordingl j, upon which the said commissioners
of Parliament are to set out and make over to them, their heirs, executors, or administrators,
proportions of forfeited lands, at such rates and upon such conditions as is hereafter men-
tioned, for those who have publiqne debts due to them.

Maoen lent ^°^ likewise the said remainder of the said forfeited lands is to be set out and

disposed of for thejust satisfkction of all such persons, their executors, administra-
tors, or assigns, bodies politique or corporate, as have lent monies upon the publique faith; and
of all such persons as by order of the lords justices and council of Ireland, did, before the cessa-
tion made with the rebels of Ireland by the Earl of Ormond, on the fifteenth day of September,
in the year one thousand six hundred forty and three, deliver for the use of the Par-
liament's army there, any moneys, arms, ammunition, victuals, clothes, or other
provisions, for which they received bonds f^om the said lords justices and council, or some of
them, or bills of exchange, or letters of that nature, or warrants Arom the lords justices and
council, to receive satisfikction for the same from the Parliament, or from the treasury then in
England, or who furnished any money, commodities, provisions, or supplies of any kind, to or
for the use of the forces under Colonel Michael Jones, Sir Charles Coot, or Colonel George
Monck, in the Parliament's service, or for the use of the Parliament's forces in the province of
Monster, before the revolt from the Parliament, or for the maintenance of the forces in the
town of Drogheda, when it was besieged by the rebels in the year one thousand six hundred
forty and one, or who by commission set out, manned, or maintained any ships or vessels for
opposing and suppressing the said Irish rebels, and have good warrants, certificates, receipts,
attestations^ or vouchers, to make the same appear, and of all such persons who have made
Debu made ap- ^^'^ debts to appear unto the Parliament, the council of state, or any com-
P**'* mittee of Parliament in a preparatory way for a report to be made to the Par-

liament for their satisfkction, or unto any other persons authorized by the Parliament to take
moSSiad^" knowledge of and allow those debts, or who did advance money, or furnish
vwieedb7«iilio- any commodities by order of Parliament, or of any committee of Parliament,
BHUorfMrwHidi authorized in that behalf, for the service of Ireland ; or have procured any
Snd. * Act, ordinance, or order of Parliament, or any committee of Parliament

thereunto authorized, for payment to be made unto them ; they and every of the said person
or persons, their executors, administrators, or assigns* to whom all or any such debts as afore*
said do belong, making oath before the committee at Grocers' Hall in this Act mentioned
(who are hereby authorized to administer the same, and thereupon to give a certificate thereof
under the hands and seals of any five or more of them), or before the commissioners of Par-
liament, or commissioners for accounts in Ireland, expressly deposing that satisfaction hath
not been made for the same, or any part thereof now demanded to be satisfied in land ; and
the said person or persons to whom such debts were or shall be respectively due, not having
8d M the d«Mi by their or any of their delinquencies forfieited the same, their sidd debts shall
SSkS^^" be taken notice of, examined and stated by the aforesaid commissioners for

3 A 2 accounts

( 3<54 )

accounts in Ireland, who are hereby aathorued accordingly to state the sane upon the said
vouchers and oathSf using therein the strictest enquiry they can make to disooyer the truth
of such debts, certificates, and vouchers, for which they are hereby authorized to administer
an oath or oaths as they shall see cause ; and having taken in thdr said vouchers, and trans-
mitted them to the register for debentures, in like manner as they are by the Act for stating
and determining the accounts of the soldiery appointed to do for those certificates, bills, or
vouchers, upon which soldiers' accounts are to be stated, they are to give forth certificates or
debentures under their hands and seals of what sums they find so to be due unto the said per-
Linds to be aet ^'^ ^^ ^^^ ^^ them ; and such their certificates being allowed by the commis-
ftMrth. doners of Parliament, they, the said commissioners of Parliament, are thereupon

to set forth and make over unto them, their respective heirs, executors, or admi-
^^ nistrators, lands for the same, at the rate of four years* purchase for unplanted

lands, and six years' purchase for planted or tenanted lands, the same to be set out by survey
to be taken upon oath^ in which the houses, buildings, and timber are to be valued, and the
lands rated as they were let for, or were worthy to be let in the year one thousand six hundred
and forty. And the said lands and premises so set out to them or any of them are to be held

and enjoyed by them in free and common socage* in like manner as the ad-

venturers, officers, and soldiers are to hold their lands, and under such cove*
nants and conditions as in this Act are prescribed for them, the said adventurers, and soldiers.
rogtatanB fbr Provided always, and be it enacted, that if anyperson or persons shall make,

lUaeUiia, fto. procure, or produce any false bill, certificate, or voucher, or shall make any
false oath, to the prejudice of the Commonwealth, for or concerning any such debt, upon
discovery and due conviction of the same* every such offender shall not only forfeit all arrears
and debts due unto him or them (if any remain due at the time of the discovery), but shall be
liable to imprisonment and sequestration of his or their estates to the use of the Common-
wealth.

Provided that all and every the mines of silver and gold in and upon

^^ ' any of the said forfeited lands disposable by this Act, be reserved and exempted

from sale, to be kept for the best advantage of the Commonwealth ; and that all dues and

rights payable out of any other mines be still paid and continued to the use of the publique,

according to the laws and statutes in that behalf.

And be it further enacted and declared by this present Parliament, and the
punbaieor turn authority of the same, that it shall and may be lawful for all persons of what
hoiuM or luuu. nation soever, profassing the Protestant religion, to purchase or take to hrm
any of the aforesaid forfeited houses and lands in Ireland so set out, allotted, sold, demised
or otherwise disposed of* or any other the forfeited lands in Ireland, not hereby disposed of,
and to inhabit, dwell, and plant in and upon them or any of them, and in any of the counties,

cities, or towns mentioned in this Act, to be peopled, inhabited, and dwelt in ;

and that all and every such person and persons shall have and enjoy all rights,
priviledges, freedoms, and immunities which belong unto, or may lawfully be claimed by Fnh
testants, natives of this Commonwealth, both in England and Ireland.

And

( 36s )

Ubartrtotnnt- ^^^ ^ ^^ enacted bj the authority aforesaid, that every person which

port hoim, shall have any part of the said lands so to be divided and alotted as afore-

said, shall and may export out of England or Wales any horses, mares, cattle,
sheep, com, materials, tools, instruments for building, and household stufE^ for the planting,
improving and flocking of the said lands, or any part thereof, at any time during the space of
three years, to be acoompted from such division and alotment to be made as aforesai<^ with-
out paying any custom, subsidy, or impost for the same ; the owners of the goods and mas-
ters of the ships in which they shall be from time to time transported giving security to the
officers of the respective ports, by such bonds, and in such sort as by former laws and statutes
IS provided for those that ship and carry goods from port to port in England ; provided that
Fkirts from '^^^ sheep, horses, and mares be transported from one of the ports here-

^!SSpj JS $.^ '^^^ named; that is to say, irom Padstow, Barnstable, Ilford-Comb, Mine-
SSIE" head, Bristol, Milford-Haven, Westchester, Leverpool, Whitehaven, Wyre,

Hollyhead, Swanaey, or Beaumorris, and from no other port whatsoever*
^ „ Provided always, and be it hereby declared and enacted, that no adven-

■lioi to Mnoni turer, soldier, or purchaser, who shall be possessed of any forfeited houses or
lUtftkiiu In a lands by virtue of this Act, or any other person buying, purchasing, or

holding houses or lands from or under any of them, shall sell or alien any part
or parcel of such houses or lands unto any person or persons who are comprehended in the
isth Aoguit, qualifications of the Act of Parliament, entituled, an Act for the setling of Ire-
1S59. rvuxvm, ]|m^^ under the penalty of forfeiture of so much of the said houses and lands
as they shall so sell or alien, to the use of the Commonwealth. And that whosoever shall
let, set, or grant by lease, directly or indirectly, any of the sud forfeited houses and lands to
any person or persons comprehended in the qualifications of the said Act, entituled "An Act for
the setling of Ireland," shall pay towards the pay of the army there, and other publique charges,
the one-half of the yearly revenue or value of the said houses or lands to let, set or granted
by lease to any such person or persons.

Ckitiei, dtadda, Provided always that this Act, or anything therdn contained, shall not

farXM, block- extend to the alotment, sale, or other disposition of any of the castles, dtadels,

OOQflMta wBO*tt CSC*

MBptod fktn forts, bulworks, rampiers, block-houses, or other places of defence in any of

the towns, counties, or provinces in Ireland, which are or shall be within
six moneths after the publication of this Act, judged and declared by the Parliament, com-
missioners of Parliament, or commander-in-chief in Ireland, to be fit and meet to be reserved,
„ . used, and disposed of for the publique safety of the land, and the service of

laadi in Dnblia, the Commonwealth ; nor to the alotment, sale, or other disposition of any of
■ad GMirtiS^ the forfeited houses or lands as aforesaid, in any of the counties of Dublin,
*"*"*^' Cork, Kildare, or Caterlagh, except onely of such manors, lands, tenements,

and hereditaments; or manors, lands, tenements, and hereditaments to such value in those
Ltadfcbwor counties as have been given, or granted unto, or setled upon, or intended or
^I^^SmtS ordered to be given or granted unto, or settied upon any person or persons,
Fariiaownt. ^^eir heirs or assigns, by any Act, ordinance, or order of Parliament or by

the

( i66 )

the last article of the further instnictions of the council of State, or as are particularly before
in this Act disposed or appointed for the disbanded foittet, widows, or orphans, in this Act
before mentioned; all and every of which said manors, lands, tenements, and hereditaments, or
manors, lands, tenements, and hereditaments to such value as have been giyen, granted, or
setled, or intended to be given, granted, or setled as afbresaid, which are before in this Act dis-
posed or appointed for the sud disbanded forces, widows, or orphans ; or as have been aarigned
or ordered by any Act, ordinance, or order of Parliament forsatisfkction of debt, either in the
said counties of Dublin, Cork, Kildare, or Caterlagh, or in any other the counties or provinces
of Ireland ; and also all grants, priviledges, and immunities made and given by the commis-
Onnts on the sioners of Psrliament in Ireland upon the propositions of the late Lord Deputy
SSeL^D«>«[y Ireton for the planting of Waterford (confirmed by the late Parliament), and
iiecoo. to the present tenant or tenants of the island called the Little Island, in the

river of Waterford, shall be and are hereby confirmed to them, their heirs and assignes, re-
spectively, according to the true intent and meaning of such Acts, ordinances, orders, instruc-
tions, and grants, as aforesidd ; any thilig in this present Act, or in the former Acts or ordi-
nances for the adventurers for lands in Ireland, to the contrary in any wise notwithstanding.
Fenuif em- Provided always and be it hereby declared, that no surveyor-general, re-

n^to tepw. fir>*to^* under-surveyor, or any other person imployed in the execution of this
<iMMn- service, his or their childe or children, during the time of their imploymcnt^

or any in trust for him or them, shall be admitted directly or indirectly to be a purchaser of
any part of the lands to be surveyed, upon pain that the purchase be void unless that they do
first acquaint the oommisuoners of Parliament with thmr desires, and obtain license firom them
for thesame.

Such thau faav« Provided always, that if any of the aforesaid persons to be imployed by

]!S^S!^||^*^^ab^ this Act, their childe or children, heirs or executors, have arreares or pub*
lique d^bti. Uque debts due unto them flrom the Parliament which shall be allowed of as

aforesaid, that the commissioners of Parliament be, and are hereby authoriaed to lay out and
make over lands for their satisfaction in such manner and at such rates as are appointed by
this present Act for other arrears or debts of the same nature.

Ltads in Oofi- Provided always, that this Act, or anything therein contained, do not ex-

CbS& «roept ^^^ ^"'^^ ^* forfeited lands in the province of Connaught and the county of
8U0O, xoMved. Clare, nor any part thereof, for the ends and purposes aforesaid ; except the
lands about Sligo, and upon the sea-coast in this Act before-mentioned, to be assigned and set
apart for the said forces lately disbanded, but that the said forfeited lands within the said
province and county except as aforesaid, shall be and hereby are reserved and appointed for
the habitation of all the Irish nation, comprehending in the qualifications mentioned in the
Act, entituled, ** An Act for setliog Ireland," and for other the ends and uses specified and ap-
pointed in the foresaid further instructions iirom the council of state to the sidd oommisrioners,
who are to dispose of the same accordingly.

GommiBdoDcn Provided also, that in oase the said commissioners of Parliament shall

oMgr dinoi finde it inconvenient or dilatory to proceed in the first plaee to the ascertain-

ing

( 36? )

iMibii th« isimi ^ ^^ ^^^^ *°^ diftiogiiiahiDg of persons, according to the qnalificatioas men-
tioned in the said Act for the setting of Ireland, before transporting the Irish,

H shall and maj be lawful for the sud commissioners to order and direct the transplanting of
the said Irish^ although their claims be not first determined^ or thdr qualifications distin-
guiihed ; any thing in this Act, or any the aforesaid instructions to the contrary notwith-
standing.

, , _ ^ ^ And that it shall and may be lawful for the said oommissioners <^ Parlia-

«ai teffwh mm meat to set out unto such of the said Irish, whose claims shall not be timely

determined* lands in Connaught, which by estimation may be proportionable
to the estate so by them claimed, or competent to such stock, as each of the said persons shall
haye to occupy the said lands withal as the said commissioners shall think fit, and afterwards
to determine their respective claims, and to put them into possession of lands accordingly.
Ltti^ _^ And be it farther enacted by the authority aforesaid, that in consideration

utantg of oio- of the losses sustained by Anthony Edwards, one of the aldermen of the city

of Glocester, and Thomas Whitcomb of the said city, and many others named
in a list delivered in to the committee of the late Parliament for Irish affairs (by sufiering
their houses voluntarily to be burned, and their goods and lands destroyed for the service of
the Parliament^ before the late siege of the said city of Glocester by the late Ring's forces),
such part and share of the said forfeited lands as shall be valued at ten thousand pounds, ac-
cording to the rates set upon those lands appointed by thu Act to be set forth unto the ad-
venturers for Irish lands, be set forth and sufficiently conveyed unto the said Anthony Ed-
wards, Thomas Whitcomb, and their heirs, in trust fiir the use of themselves and all others
named in the said list* to be divided amongst them or their heirs, executors* administrators,
or asaignes, of them, or any of them* respectively, according to their several and respective
losses and sufferings mentioned in the said list.

And be it further enacted, that in eonsideratioo of the great losses of the
inSiS^SL'^ town of Leverpool* the oommissioners of Parliameot in Ireland shall set

forth and appoint so much lands as amounts to the value of ten thousand
pounds (according to the rates that the debts due upon the publique faith are appointed to be
satisfied by this Act), for the use and benefit of the said town, and their successors fbr ever.

And be it further enacted by the authority aforesaid, that the commis-
'Sl^i^'^ ^^ sioners of the Parliament in Ireland be, and they are hereby authoriied and

required to set out lands to the value of five hundred pounds of the aforesaid
forfeited lands unto Richard Nethowey, of the city of Bristol, brewer* or his assigoes, ac-
cording to the rules and dnrections fai this Act for satiiffing the publique faith, and to put the
said Richard Nethowey, his heirs or assigns* hito the possession thereof, to be enjoyed by him,
the said Richard Nethowey, his heirs or assigns accordingly.

Provided always, that the commander-i&^hief and oommissioners of
tSBtmmiL^^^ ParliameDt in Ireland do cause the arrears of Colonel Jdm Hewson, Gover-
nor of Dublin, for bis service m Ireland, to be stated and set out unto him
(m satisfoction for the arrears due to htm for his sorviee in England and Ireland, according

to

( 368 )

to the rates in this Act mentioned) lands in some oonvenient place contigaoos to his said

command, anything in this Act to the contrary notwithstanding.

m , w ^ ^ Provided also, and be it enacted, that this Act shall not extend to the

To John Cook.

dweUing-honse of John Cook, one of the justices for the province of Mmister,

in Ireland, utnate in the city of Waterford ; nor to the farm of Kilbarry, being two plow-

lands and an half, lying within the liberty of the sud city ; nor to the farm of Bamhaley, in

the county of Ck>rk, being three plowlands, which are in the possession of the said Justice

Cook, which house, farms, and lands, with their appurtenances, are hereby settled upon the

said John Cook, and his heirs for ever, for his good and faithful services in Ireland, and in

lien of all arrears of pension due unto him for the same.

Passed 26 September, 1653.

Confirmed, 1656. Cap. 10.

n.

The Order of the Council of State confirmed by tku Act.
^^ ^ ^ Whbrsas divers of the inhabitants of this Commonwealth did, in the year

OFQflT Oi tflO

ooundi oonflnnod One thousand six hundred forty and two, and since, issue forth considerable

sums of money, by way of adventure, for lands forfeited in Ireland (upon the
late rebellion), according to sundry Acts and ordinances of Parliament, granted in that b^
half, in pursuance whereof, and that every adventurer may receive satisfaction by lot, where
his divident of land shall be, it b therefore ordered by the council of state, that Methuselah
Turner, of Cheapside, London, linen-draper ; Robert Hammon, of Broad-street, London,
merchant; Henry Brandriff, of Walbrook, London, merchant ; Nathanael Manton, of Iron-
monger-lane, London, merchant; Elias Roberts, of Broad-street, London, merchant; Doc-
tor Hubbard, of — .-_ , Doctor of ; Francis Blomer, of , Esquire ;

Colonel George Gill, and Lieutenant- Colonel Fenton, or any five or more of them, be in-
trusted, and are hereby authorized, to examine the truth of all men's claims, by comparing
their receipts and assignments with the original books, and shall cause an entry to be made
in a book, hxtij written and kept for that purpose, of all and every such sum and sums of
money (in words, and not in figures) as shall be by them allowed ; as also of the names, as
well of the first adventurers as of the person or persons now claiming the same ; and shall
likewise cause a transcript of the said original books to be written, and therem make from
time to time, as they shall allow of any sum, a memorandum upon the sum so by them allowed,
and there entered, that the same is allowed, to the end the same may not be again charged.
And the said committee, or any five or more of them, after the claims are cleared, shall ooor
trive and appoint such a method for the management of all men's lots, as to their utmost
skill shall be most firee from all oflfonce and just exception.

And

( 3<59 )

And to the end all adventurers for lande in Ireland may have knowledge and take notice
hereof, it is further ordered, that in Grocers' Hall, London, upon the twentieth day of July
next ensuing, being in the year of our Lord one thousand six hundred fifty-three, by eight of
the clock, in the morning, this lottery shall begin. And the said committee, or any five or
more of them, are further ordered to admit so many adventurers to join in one and the same
lot as shall desire it, provided no one lot exceed ten thousand pounds ; and no more lots for
the province of Munster then shall amount unto one hundred and ten thousand pounds : for
the province of Leinster, two hundred and five thousand pounds ; for the province of Ulster,
forty-five thousand pounds, accompting all moneys as doubled brought in upon the ordi-
nances of the fourteenth of July, one thousand six hundred forty-three, and the thirteenth of
November, one thousand six hundred forty-seven, to make up the said sums ; and in the
second alotment for counties, no one lot to exceed five thousand pounds, and no more lots
for the county of Waterford then shall amount unto twenty thousand pounds : for the county
of limerick, thirty thousand pounds ; for the county of Tipperary, threescore thousand
pounds ; for the county of Eastmeath, fifty and ^ye thousand pounds ; for the county of West-
meath, threescore and ten thousand pounds ; for the King's County, forty thousand pounds ;
for the Queen's County, forty thousand pounds ; for the county of Antrim, fifteen thousand
pounds ; for the county of Down, fifteen thousand pounds ; for the county of Armagh, fifteen
thousand pounds ; and after alotment is so made, to ascertain what quantity of land is due
to each of the said adventurers, according to the rates for the respective provinces mentioned
in the Act of Parliament in that behalf, and the measure allowed by the said respective Acts
and ordinances within which such adventurer comes. But for avoiding the inconveniences
that may arise from observing English and Irish measure, in the surveying and setting forth
of the said lands, and that nevertheless the adventurers to whom it doth belong may have the
benefit of Irish measure, it is ordered, that for such of the adventurers as have a right there-
unto, the said committee shall compute and set down how many acres, English measure, such
adventurer*s proportion in Irish measure doth amount unto ; and shall accordingly give unto
each of the said adventurers a certificate, what number of acres (according to English mea«
sure) is due to him, either by force of the said Act, or in lieu and satisfaction of his proportion
of acres, Irish measure, according to the said former Acts and ordinances ; which certificate,
under the hands and seals of any five or more of the aforesaid committee, shall be a sufficient
warrant for every adventurer receiving the same to make his claim in Ireland. And the said
committee shall cause an entry to be made in a book for that purpose of all and every certifi-
cate and certificates which they shall give to any person or persons, expressing the sum in
words, and not in figures, the name of the first adventurer, and of the person to whom such
certificate shall be given, together with the proportion of lands due to him, as the same shall
be contained in the said certificate ; and shall cause a transcript thereof in a parchment-roll
to be made and transmitted into the Chamber of London, there to remain as a publique record.

Provided always, the right of election for provinces, in the manner of alotment, be pre-
served unto such as have or shall claim the same, upon the ordinances of the fourteenth of

UUSH A&CH. 8oa 3 B July

( 370 )

Julj, one thousand aiz hundred forty and three, and the thirteenth of No?einber, one thou-
sand six hundred forty and 8e?en.

And it is further ordered, that the said committee be authorized to receive one penny xxptm
the pound of and for every adventurer, for so much land as he shall he entitled or lay claim
unto, towards the defraying of all incident charges here for carrying on this service.

III.

The Commisaion with Instructions confirmed by this Act,

Th c inion '^^^ keepers of the liberty of England, by authority of Parliament, to our

trusty and well-beloved Charles Fleetwood, Esq., Lieutenant- General of the
Army in Ireland, Edward Ludlow, Esq., Lieutenant-General of the Horse, Miles Corbet, Esq.,
and John Jones, Esq., greeting.

Whereas since the beginning of the late horrid rebellion in Ireland, in the year one
thousand six hundred forty and one, four several Acts of Parliament have been made for the
encouragement of well-aifected persons, bodies politique and corporate, to pay in divers con-
siderable sums of money by way of adventure towards the suppression of the said rebellion,
that is to say, one Act, entitnled, " An Act for the speedy and effectual reducing of the Rebels
in His Majestie's Kingdom of Ireland to their due Obedience to His Miyesty and the Crown
of England." And one other Act, entituled, *' An Act for adding unto and explaining of
certain Clauses in another Act made this Parliament, entituled, ' An Act for the speedy and
effectual reducing of the Rebels in His Majestie's Kingdom of Ireland to their due Obedience
to His Majesty and the Crown of England.' " And one other Act, entituled, "An Act ta
enable Corporations and Bodies Politique to participate of the benefit of an Act lately passed,
entituled, ' An Act for the speedy and effectual reducing of the Rebels in His Majestie's
Kingdom of Ireland to their due Obedience to His Majesty and the Crown of England.' "
And one other Act, entituled, '* An Act for the further Advancement of an effectual and
speedy Reduction of the Rebels in Ireland to the Obedience of His Majesty and the Crown of
England." And whereas since the making of the said four Acts, one ordinance was also made,
entituled, " An Ordinance or Declaration of the Lords and Commons assembled in Parlia*
roent for the Encouragement of the Adventurers to make new Subscriptions for Towns,
Cities, and Lands in Ireland." And likewise another ordinance of the thirteenth of Novem*
her, one thousand six hundred forty and seven. Upon which several Acts and ordinances great
sums of money have been subscribed and paid in to the respecdve treasurers therein named,
which by the said Acts and ordinances are to be satisfied by several proportions of the lands
of the rebels aforesaid. And whereas, also, several great sums of money are grown due and

in

( 371 )

in arrear, as well unto the officers and soldiers who have been imployed in reducing the said
rebels, as which have been lent, advanced, or are grown due for arms, ammunition, provisions,
and other supplies for that service.

And whereas it is declared, that the said rebels are subdued, and that the rebellion in
Ireland is appeased and ended, to the end that satisfaction may be made unto the adventurers,
officers, soldiers, and other persons aforesaid, as soon as possible may be, and that countrey of
Ireland planted and setled with security unto the inhabitants, and such as shall plant the same ;
We, reposing trust and confidence in your care and faithfulness, have constituted, ordained,
and appointed, and by these presents do constitute, ordiun, and appoint you our commissioners,
giving and granting unto you, or any two or more of you, full power and authority in pur-
suance of the said Acts and ordinances to put in execution all and every the instructions
hereunto annexed^ for the exact and perfect survey and admeasurement of all and every the
honors, baronies, casties, manors, lands, tenements, and hereditaments, forfeited by force or
vertue of all or any of the said Acts ; and also of all and every the honors, baronies, castles,
manors, lands, tenements, and hereditaments, belonging to the Crown of England in the year
one thousand six hundred and thirty, or any time since, or late belonging to any archbbhop,
bishop, dean, dean and chapter, or other office belonging to that hierarchy in right of the arch-
bishoprick, deanery, or other office aforesaid.

And we do further hereby give power and authority to yon our said commissioners, or
two or more of you, to nominate and appoint such fit and able persons to be surveyors-general,
and also to approve or reject, as you shall finde cause, such person and persons as shall be
nominated unto you by the said surveyors-general to be employed as surveyors under them
for the purposes aforesaid, and to constitute and appoint a fit person of integrity and ability
(for such an imployment) to be register for the sidd lands, to execute and perform the office
of register according to the instructions aforesaid, so far as the same concern the register.

And we do hereby further authorize you our said commissioners, or any two or more of
you, to administer to all and every the said surveyors-general, register, deputy-register, and
under-surveyors, before they enter upon the execution of their respective places, the oath and
oaths respectively in and by the said instructions appointed to be administred, and to ad-
minister an oath in such other cases as are hereby appointed ; and to appoint such and so
many clerks and other officers onely as shall be necessary for the speedy perfecting the said
work, and to give your warrant and warrants for payment from time to time of such moneys
as shall be payable unto them and every of them for theur respective salaries, out of the for-
feited lands or publique revenues of Ireland, &c., in such maner as by the said instructions
is appointed ; and to do or cause to be done all and every other act and acts, thing and
things, directed by or contained in the said instructions.

Witness our selves, at Westmuister, &c.

3B3 The

( 372 )

IV.

The Ifutructunu.

The inftmctionf . ^^^ ^^'^^ immediately upon the receipt of this commission, cause procla-

mation to be made in every county of Ireland, so as the same may be forty
days at the least before the setting forth of any of the lands in the said commission intended,
to this effect, viz., that every person, or the heirs* executors, or assigns of such person, who,
on the twenty-third day of October, in the year one thousand six hundred forty and one, had
any lawful right, title, or interest in, or out of any of the lands of any of the rebels in Ireland,
or any of the lands forfeited by the Acts of Parliament in the said commission specified lying
within the county where any such proclamation shall be made, shall, within twenty days after
the said proclamation shall be made in the said county, enter his and their clidm to the same
before such persons as shall be authorized by you to receive, hear and determine the said
claims.

You shall forthwith appoint such commissioners as you shall think fit, and shall authorize
them to receive all and every such claim and claims as shall be made in pursuance of the pro-
clamation aforesaid, by the time therein limited, and to cause the same to be entered in such
register as you shall appoint for that purpose; and immediately after the entry of such claims,
to proceed in examining and determining the same ; and that they cause a copy of such deter-
mination under their hands* or so many of them as you shall appoint, to be sent unto the re-
gister for the said forfeited lands, to be by him annexed to the survey of those lands, touching
which such claim shall be made.

You shall cause to be surveyed all the honors, baronies, castles, manors, lands, tenements,
and hereditaments of, or lately belonging to all and every the rebeb of Ireland, and all the
lands forfeited by vertue or force of the several Acts of Parliament in the said commission
expressed, or any of them, lying or being within all and every the provinces of Ireland, and all
the meadow, arrable, and profitable pasture belonging to each of the said honors, baronies,
castles, manors, lands, and tenements respectively, to be admeasured and set forth, so as the
same may be certainly and distinctly known from other lands there, by their qualities, quan-
tities, names, scituation, parish or place, where the same do ly, with their meets and bounds,
the bogs, woods, and barren mountains belonging to the respective premises, being mentioned

in such survey respectively, but not admeasured.

You shall give instructions to the surveyors-general, and the surveyors to be employed
under them, in the first place to survey, admeasure, and set forth all and every such of the
said forfeited lands and premises as shall lye and be within the respective counties of Limerick,
Tipperary, and Waterford, in the province of Munster ; the King's County, the Queen's
County, the counties of Eastmeath and Westmeath, in the province of Leinster ; the counties

of

( 373 )

of Down, Antrim, and Armagh, in the province of Ulster ; and to divide all the forfeited
lands, meadow, arrable and profitable pasture, with the woods and bogs and barren moun-
tains thereunto respectively belonging, in each of the said counties (except the baronies of
Dulick and Slane in the county of Eastmeath) into two equal moyeties, distinguished and
bounded each from the other ; which division so made, the surveyors shall return by them-
selves apart, unto you, mentioning onely in gross what honors, baronies, castles, lands^ tene-
ments, and hereditaments, each moyety did contain.

You shall likewise give instructions to the sidd surveyors-general, and the under-surveyors,
that, in the next place after the surveying and admeasurement of the said premises in the ten
counties aforesaid, they do survey, admeasure, and set forth all and every such of the said
forfeited lands and premises as shall lye within the county of Lowth, in the province of Ulster,
in such sort as they are appointed to survey, admeasure, and set forth the forfeited lands
in the said ten counties, and to return the surveys thereof as soon as the same shall be
perfected.

You shall authorize and appoint the surveyors-general to present unto you, from time to
time, the names of such fit and able persons, who shall be well skilled in the art of surveying,
as shall be necessary for the surveying and admeasurement of the lands and premises afore-
said, and to appoint by warrant under their hands and seals such and so many of them as
you shall approve of» and think fit to be surveyors under them, and to allow unto each of
ihem such allowances as the said surveyors-general shall think fit and necessary for carrying
on the said work of surveying and measuring the premises as aforesaid, not exceeding three
pounds for every thousand acres.

The said surveyors-general shall take a due accompt, that the said under-surveyors dis-
charge their respective duties in this service ; and in case of neglect or unfaithfulness in any
of them the said surveyors-general shall put out such under-surveyors, and put in such other
fit and able person and persons in his or their rooms, from time to time, as they shall think fit.

The said under-surveyors so appointed as aforesaid shall have power to enter into all and
every the forfeited lands aforesaid lying within such counties, places, and divisions, as they shall
be appointed unto ; and as well by the oaths of good and lawful men as by all other lawful ways
and means, to enquire and find out all and every the honors, baronies, castles, manors, mes-
suages, lands, tenements, rents, annuities, reversions, reminders, possessions, and other here-
ditaments whatsoever, which lately, or at any time since the twenty-third day of October, in
the year one thousand six hundred forty and one, did belong unto any person or persons whose
lands are forfeited as aforesaid, or to any other person in trust for him, them, or any of
them, and the true yearly value thereof, as the same were letten for, or worth to be let, in the
year one thousand six hundred and forty, or at any time before : and also what part of the
premises are chargeable with any pious and charitable use or uses ; and also to enquire and
survey what timber, buildings, open quarries, and mines are upon the premises, and to make
true particular surveys of their proceedings.

The surveyors shall also, in like manor, and by the like ways and means, examine and
finde out all such honors, castles, manors, lands, tenements, rents, or hereditaments belong-
ing

( 374 )

ing onto the Crown, in the year one thousand six hundred and thirty, or any time since, and
survey the same, with all houses, edifices, timher, woods, mines, and appurtenances thereunto
belonging, and return the same in distinct surveys by themselves, together with the true yearly
value thereof) in the year one thousand six hundred and forty.

They shall also, by the like ways and means, examine and find out all honors, baronies,
castles, and manors, lands, tenements, rents, or other hereditaments, lately belonging to any
archbishop, bishops, deans, dean and chapter, or other officers belonging to that hierarchy in
Ireland, in the right of his archbtshoprick, bishoprick, deanery* or office aforesaid, and
survey the same, with all houses, edifices, timber, woods, mines, with the appurtenances, and
return the same distinctly by themselves, together with the true yearly value, as the same was
in the year one thousand six hundred and forty, which surveys shall be kept by the register
dbtinct and apart from the surveys of the forfeited lands.

The said under-surveyors shall have power to keep courts of survey, and to call before
them such persons as they conceive best know the forfeited lands to be admeasured by them,
or the lands not forfeited lying amongst them, or abutting upon them, and to examine them
concerning the meets, bounds, rights, title, rents* valuations, of any of the said lands and
premises ; and for the more full discoveries of the same, to examine upon oath all persons,
other then such as have interest or title to the lands in question, whom they presume can in-
form them in the premises.

The said under- surveyors shall return every survey, as soon as the same is made, to the
surveyors-generals, attested under their hands, and a duplicate thereof, in like manner, at-
tested, to the register, together with all records, evidences, and writings, which shall come
to their hands concerning the premises.

The surveyors-general, upon the receipt of any survey or certificate from the under-snr-
veyors, shall peruse them with diligence, and if they finde the same to be mistaken or defec-
tive, or any way insufficient to contract upon, or otherwise to be disposed of, that then they
cause to be transcribed so much of the said survey as they shall judge to be mistaken, defective,
or any ways imperfect, and return the same unto the respective under-surveyors, and certifie
them the causes of their exceptions, who shall thereupon forthwith examine the truth
thereof, and amend the same, or certifie the cause why they cannot do it.

The surveyors-general shall have power to certifie and amend mistakes, errors, and other
matters that are not of substance in any of the said surveys, that the surveyors-general, in all
cases where they can (by proof of witnesses upon oath, which they have hereby power to ad-
minister), amend and survey without any return of the surveyors ; that then they, by the
advice and consent of three of the commissioners aforementioned for hearing and determining
claims, shall and may amend the same, which shall be as good and effectual as if the same had
been so returned.

The Oath to he taken by the Surveyors- General,

„ 1, A. B., do swear, that I will, according to my best skill and knowledge, faithfully dis-
charge the duty and trust committed unto me as surveyor-general for Ireland, according to

the

( 375 )

the instraotions I have received, and shall receive in that behalf ; and that I will not, for favour
or affection, malice, reward, or gift, or hopes of reward or gift, break the same."

The Oath of the UnderSuroeyors.

<* I, A. B.» do swear, that I will faithfully and truly, according to mj best skill and know-
ledge perform the duty and trust of a surveyor, in all such surveys as I shall be employed in,
according unto the instructions which I have received, and such further instructions as I shall
receive, from the commissioners of Parliament or surveyors-general ; and shall make true
returns thereof unto the surveyors-general and register ; and shall neither for fear or favour,
malice or reward, or hopes of reward, violate the trust reposed in me."

The register shall take and have the custody and keeping of all leiger-books, writings,
and evidences which shall belong or in any wise appertain unto the lands, tenements, and
premises, which are to be returned unto him by the surveyors, as also the duplicates of the
surveys which shall be returned to him, which he shall fairly lay up and keep in good order,
making catalogues of them in such manner as that any person may come readily to have a
view of the same, and the said register hath power to give copies attested under bb hand.

The Oath of the Regieter.

'* I, A. B., do swear, that I will faithfully and truly, according to my best skill and know-
ledge, execute the office and place of register for the several lands in Ireland forfeited for
treason, and other lands to be surveyed, according to the trust in me reposed, and such in-
structions as I shall receive in that behalf; and that I will not for fear, favour, malice or re-
ward, or hope of reward, violate the said trust."

The like oath for the deputy-register, mutatis mutandis.

For the better keeping and preserving of the surveys, and all such records and writings
as shall concern the premises, you are to appoint some convenient and publique place or house
within the city of Dublin, for the surveyors-general and register to keep their said offices in,
as you shall think fit.

The surveyors-general shall have each of them, from the date of their commission, the
yearly salary of four hundred pounds, and the register the yearly salary of three hundred
pounds ; the one-half whereof to be paid to each of them in ready money quarterly, by equal
portions out of the revenue of Ireland, by your warrant, the other half in lands, after the same
rate as shall be allowed to those who have money due upon publique faith.

You are hereby impowered to allow unto such clerks and other officers as you shall finde
necessary to be allowed to the said surveyors-general and register, for making out, entering,
or transcribing surveys, particulars, contracts, journal-books, or other service, such compe-
tent and convenient salaries, to begin at such time as need shall require, as you shall think
meet, to be paid quarterly unto them out of the publique revenue of Ireland. ^

The surveyors-general, register, under-surveyors, clerks, and other officers, being allowed

salaries

( 376 )

salaries as aforesaid, shall not take or receive any fee, reward, or gratuity, from any person
or persons, fur or in respect of anything in relation to his or their office or imployment afore-
said* upon pain of forfeiting his or their respective places and offices, and incurring such fur-
ther punishment as the demerit of his or their offence shall deserve.

And whereas it is intended that the adventurers, soldiers, and officers should be satisfied,
and Ireland planted with as much expedition as may be, you are to consider and advise whe-
ther by any other way or means then is before in and by these instructions prescribed, with
less ezpence, and in a shorter time, a gross survey may be taken of the several honors, baro-
nies, manors, lands, or tenements, so forfeited as aforesaid, so as there may be some certunty
as to what honors, baronies, manors, lands, tenements, and hereditaments are forfeited, and
an estimate made what quantity of meadow, arrable, and profitable pasture, and what woods,
bogs, and barren mountains are belonging to each of them respectively, that thereby way may
be made for alotments between the adventurers and the said soldiers and officers ; and after-
wards, upon the division or alotment of each person's respective proportion, or in some conve-
nient time after, a more exact admeasurement may be made. And in case you shall finde the
same may be effected, you are hereby authorized and required to take such speedy course
therein (without proceeding by the way of under-surveyors hereinbefore prescribed), as you
shall judge most expedient and effectual to lessen the charge and shorten the work. And
you are impowered to employ therein such and so many persons, and to allow them such sala-
ries and recompence* to be paid in such maner, and to give them orders and instructions to
proceed therein by such ways and means as you shall think fit. And you are to cause such
gross surveys of each particular honor, barony, manor, lands, or tenements, and of the quan-
tity and number of acres of meadow, arrable, and profitable pasture, by estimation (together
with the woods, bogs, and barren mountuns), to each of them respectively (or to any two or
more of them adjoyning or lying together) belonging, to be taken and returned in writing
under the hands of such persons as aforesaid, to the surveyors-generaU and a duplicate thereof
to the register for the said lands, with all possible expedition.

You shall give direction to the register aforesaid, that as soon as any such survey or
estimate shall be transmitted unto him, he draw out of the same an abstract how many acres
of meadow, arrable, and profitable pasture, is in such survey or estimate mentioned to belong
to such honor, barony, manor, or tenement, so as an exact and perfect abstract of all such of
the said forfeited lands as are of that condition within the said ten counties, and also in the
county of Lowth, may immediately, upon the return of the said surveys or estimates of the
premises in the same eleven counties, be sent over unto Mr. Methusalah Turner, Robert Ham-
mond, and others, appointed a committee to sit at Grocers* Hall, under your hands and seals.

You shall observe and execute such further instructions in and about the premises as you
shall from time to time receive from the present council of state (until the meeting of the
supream authority of this nation), and afterwards from the said supream authority, or others
authorized by them on that behalf.

Whereas an Act of Parliament was made the twelfth day of August, one thousand six
hundred fifty-two, entituled, ** An Act for the Setling of Ireland," whereby it is declared,

that

1

( 377 )

thMt all and every person and persons of the Irish nation comprehended in any of the qualifi-
cations in that Act contained should be Ijable to the penalties and forfeitures therein men-
tioned and contuned, or be made capable of the mercy and pardon therein extended respec-
tivelyy as is expressed and declared in the said Act and qualifications, to the end that no
person or persons who is not comprehended within the sud qualifications, or any of them, may
receive prejudice in his lands or estate, and that every person to whom it doth belong may
enjoy the mercy and favor intended unto him by the said Act. You are hereby authorized
to receive, hear, and finally determine the complaints and claims of all and every such person
and persons as shall before or within such time as you shall appoint, not exceeding forty days
at the most, after his or their lands shall be surveyed as aforesaid, are hereby authorized and
impowered to examine witnesses upon oath for charging or clearing such person or persons.
And yon shall thereupon transmit a copy of such your determination unto the register for the
said lands, to be by him entred in a book for that purpose, according to which determination
so certified the lands of such person or persons shall be either discharged or disposed of as
other forfeited lands.

Provided that nothing herein contained shall extend to the sturveying, admeasurement, or
setting forth any of the honors, manors, lands, tenements, or hereditaments in Ireland, given
or granted since the first day of November, in the year one thousand six hundred forty-one,
by any Act, ordinance, or order of Parliament* to any person or persons whatsoever, or unto
their heirs or assigns ; nor to the manor of Blarny, in the county of Cork, with the lands>
tenements, and hereditaments thereupon belonging.

And whereas for the lessening of the charge of the Commonwealth, and easing of the in-
habitants of Ireland, it is resolved that part of the present army in Ireland be forthwith dis-
banded, and forasmuch as the surveying and dividing the ten counties aforesaid, and the
determining the lots between the adventurers and soldiers touching the same, must necessarily
be perfected before the soldiers can receive satisfaction of their arrears out of any of the for-
feited lands in those counties, which will unavoidably require so much time as would be an
occasion of a great charge to the Commonwealth in case such disbanding should be so long
delayed. And it being evident that if the soldiers should be disbanded before they can re-
oeive satisfaction for their arrears, they would be exposed to great extremity, if not to utter
mine. To the end therefore such oflScers and soldiers as shall be so disbanded, may, imme-
diately upon their disbanding, receive such proportions of land as may satisfie the arrears
grown due unto them since the fifth of June, one thousand six hundred forty-nine, and be
put into a way of planting, and the better enabled to subsist You are hereby authorized and
impowered, out of such of the forfeited lands (as are not already disposed of by any Act, or-
dinance, or order of Parliament) lying within any such five counties in Ireland as you shall
think fit (other then the counties of Dublin, Rildare, and Caterlaugb, in the province of
Leinster, and Cork in the province of Munster, and other then the eleven counties herein by
name appointed to be surveyed) to set forth or cause to be set forth unto each of the officers
and soldiers to be disbanded as aforesaid (clear of all such claims and titles provided for in
the foregoing instructions) proportions of profitable land, by estimation or gross survey of the
IBUH ABCH. soc. 3 C number

( 378 )

number of acresy as shall be sufficient to satisfie the arrears due as aforesaid to sach officer
and soldier respectively, at the values and rates hereafter mentioned, that is to say, for one
thousand acres in Ulster, two hundred pounds; for one thousand acres in Munster, four
hundred and fifty pounds ; and for one thousand acres in Leinster, six hundred pounds ; all
according to Irish measure ; which estimate or gross survey you shall cause to be put in
writing, and therein to be mentioned as well the sum of money due to such officer and soldier
respectively for his arrears, as the number of acres arrable, meadow, and profitable pasture*
set forth unto him for his arrears, by estimation as aforesaid, so deciphered and dbtinguished
by the quantities, qualities, names, scituation, barony, manor, or parish, as aforesaid; and
shall cause such survey to be sent unto the regbter for the said lands, to be safely kept as a
record to the end that in case (upon a more exact survey and admeasurement to be made on
the behalf of the State within ^Ye years next after such setting forth as aforesaid respectively)
it shall appear that the premises expressed in such survey and enjoyed by vertue thereof do
contain a greater number of acres then is mentioned in such estimate or gross surrey, the
same may be restored back for the use of the Commonwealth, unless such persons shall pur-
chase the same in such manner as shall be hereafter declared.

Provided nevertheless, that if any officer or soldier so to be disbanded holdeth any custo-
dium in any of the said five counties, or in the counties of Dublin, Kildare, Caterlaugh, and
Cork, as aforesaid, and is there seated, and desires to retain the same, you are hereby im-
powered and authorized to contract with such officer and officers, soldier or soldiers, for
houses and lands, with the appurtenances contained in such custodium, at Buch rates and values
as you shall think fit for the advantage of the Commonwealth (having a due respect therein
to the charge which hath been laid out by such officer or soldier in repairing or building upon
the premises), and to allow the moneys due for such arrears as aforesaid unto such officer or
soldier in payment of the purchase-money for the same, and in case the purchase shall
amount to more then the arrears so due to such officer or soldier, then such remainder of the
purchase-uioney shall be paid in to the publique treasury of Ireland for the use of the Com-
monwealth, and that such officer and officers, soldier and soldiers, shall by force thereof hold
and enjoy the same according to such contract, which, together with the survey of the pre*
mises so contracted for, you shall cause to be returned to the said register, to be safely kept
with the rest of the surveys.

Ex. Jo. Tburlob, Secretary,

V.

The further Instrttctiofu cof^rmed by this Act,

Fnrtiwrliirtnictioiifl. ^^^ ""^^ hereby authorized and required either by proclamation or other*

wise, as you shall think fit, to publish and declare, that for the better security
of all those parts of Ireland which are now intended to.be planted with English and Plro-

testants,

( 379 )

testants, and to the end that all persons in Ireland who have right to articles, or to any favor
and mercy held forth by any the qualifications in the Act of Parliament, entituled, " An Act
for Setling of Ireland,** may enjoy the benefit intended tinto them, and every of them respec-
tiTely. By the sidd Act it is thought fit and resolved, that all and every the persons aforesaid
shall, before the first day of May, which shall be in the year one thousand six hundred fifty-
four, remove and transplant themselves into the province of Connaught, and the county of
Clare, or one of them, there to inhabit and abide ; and shall have set forth unto them and
every of them respectively, such proportions of land, and for such estates or terms, and under
such conditions, reservations, and covenants, as shall be answerable in value unto so much of
his and their estates as by such articles or qualification respectively he or they were to enjoy,
in such place and maner as you, or such as shall be authorized by you, shall appoint and
direct. And that whatsoever person or persons aforesaid shall, after the said first day of May,
one thousand six hundred fifty and four, be found inhabiting or remaining in any partof the
provinces of Leinster, Munster,or Ulster (except in the said county of Clare), or (without a pass
from you, or any one of you, or under the hand and seal of such person or persons as shall
be authorized by you to that purpose), travelling in any of the said provinces (except the said
county of Clare)', he and they shall be reputed spies and enemies, and shall for the same
ofiTence suifer death. And that all, and every person and persons aforesaid, who shall at or
before the first day of May, one thousand six hundred fifty-four, quietly and peaceably remove
into the said province of Connaught, or county of Clare, shall be pardoned all offences (ex-
cept all and every person and persons, both principal and accessaries, who, since the first day
of October, one thousand six hundred forty and one, have, or shall kill or slay, or otherwise
destroy any person or persons in Ireland, which at the time of their being so killed, slain, or
destroyed, were not publiquely entertained and muntained in arms as officers or private sol-
diers for and on the behalf of the English against the Irish ; and all and every person and
persons, both principal and accessaries, who, since the first day of October, one thousand six
hundred forty and one, have killed, slidn, or otherwise destroyed any person or persons enter-
tained or maintained as officers or private soldiers for and on the behalf of the English
against the Irish ; the said persons so killing, slaying, or otherwise destroying (not being then
publiquely entertained and maintained in arms as officers or private soldiers under the com-
mand and pay of the Irish against the English), and shall be no more molested for the same.

Provided that none of the persons aforesaid shall be admitted to live in, or enter into any
port, town, or garrison, within the said province of Connaught, or county of Clare (without
license from you or any one of you, or such person or persons as you shall authorize there-
unto), nor shall have or keep any arms used in war, or ammunition ; but that all and every
person and persons offending in either of the premises shall be tried by martial law, and,
being convicted, shall suffer death.

Provided also, that this shall not extend to the pardoning, tolerating, or admitting any
Popish priest, Jesuit, or other person in orders by authority from the see of Rome.

Provided also, that this shall not extend to the removal of any person who did not adhere
unto, or joyn with the rebels before the fifteenth day of September, one thousand six hundred

3 C 2 forty-three.

( 38o )

forty-three, and who did at that time and ever since profest the Protestant religion ; nor to
any woman who, before the second day of December, one thousand six hundred and fifty, was
married to any English Protestant ; provided that such woman do renounce Popery, and profess
the Protestant religion ; nor to any male childe or children under the age of fourteen years,
and females under the age of twelve years, whom any of the English have already, or shall be
willing hereafter to entertain as servants, and to instruct and train up in the true Protestant
religion, which said persons and children shall be suffered to live in any of the places alotted
for the habitation of the English.

And you are further to declare, that in case any person or persons of the English nation,
or any other person or persons professing the Protestant religion, and hath, diving the late
wars in Ireland* constantly adhered to the English against the rebels, who hath or have land
within the said province of Connaught, or county of Clare, and hath not forfeited the same
by rebellion or delinquency, shall desire to exchange the same or any part thereof, or remove
themselves into such counties or provinces as are inhabited by the English j that just surveys
shall be taken of the lands and estates of such person and persons, and so much, or the value
thereof, shall be set out unto them in lieu thereof, out of the forfeited lands in some other pro-
vince or county, as shall be thought fit.

2. You are hereby authorized and impowered to nominate commissioners, and to autho-
rize them to alot unto any person or persons who, by articles granted unto them, or by vertue
of the qualifications in the said Act, were to enjoy any part of their estates, a like proportion
of land by measure or in value in the province of Connaught, or the county of Clare, of the
like estate of inheritance or freehold, or for the like term of years or number of lives, to be
by them held and enjoyed in lieu or satisfacUon of such part of their estate, which by such
articles or qualifications he or they were to enjoy. And also to grant unto such of the said
persons, or others as you shall think fit to be leaseholders from the Commonwealth, such con-
venient parcels of land in the said province of Connaught, or county of Clare, as by the said
commissioners shall be judged fit, for any term not exceeding one and twenty years, or three
lives, reserving to the use of the Commonwealth, upon every such demise, such reasonsble
rents, as with respect to the value of the said lands in the year one thousand six hundred and
forty, shall be by you thought fit.

3. You are hereby authorized to give order and direction for the speedy removal of all
or any the persons aforesaid unto the lands so alotted unto them, in such numbers and pro-
portions as may consist with safety and security of the rest of the inhabitants, so as all the
said persons be so removed before the first day of May, one thousand six hundred fifty-four,
and within two months after the respective alotments so made, and directions given them
by you, to take the same into possession.

4. Whatsoever person or persons so to be removed as aforesaid shall, after the said first
day of May, one thousand six hundred fifty-four, be found in any part of the provinces of
Leinster, Munster, or Ulster (except the county of Clare), or any way, without such pass as
aforesaid, travelling in any of the said provinces (except in the county of Clare), or inhabiting
or being in any port, town, or garison, within the said province of Connaught, or county of

Clare,

( 381 )

Clare, without such license as aforesaid, or having any ammonition or arms used in war, all
and every such person and persons shall be tryed by martial law, and being convicted of such
offence, shall suffer death ; and you are hereby authorized from time to time to issue out
commissions for the speedy apprehending, tryal, and execution of such offenders.

5. You are also to authorize the said commissioners to cause exact surveys, upon oath, to
be made of the lands* tenements, and hereditaments of such person and persons of the Eng-
lish nation* or other persons aforesaid, in Connaught, or in the county of Clare, as shall
desire such exchange as aforesaid, which being returned unto you, you shall, out of the lands
forfeited to the Commonwealth, or the lands, tenements, or hereditaments of the persons so
removed, cause lands, tenements, or hereditaments of the like quantity or value, in such other
province or county as you shall think fit, to be set forth unto such person and persons, to be
enjoypd for such estate or term, and under the like covenants, conditions, and reservations as
such lands, tenements* or hereditaments in the said province or county, and so exchanged,
were held ; and shall cause an exact particular thereof, together with the survey aforesaid, to
be returned to the register for the said forfeited lands, to remain of record.

6. You are hereby authorized to set out unto John Blackwel, the younger, of Mortelack,
in the county of Surrey, Esq., his heirs and assigns, in satisfaction of the sum of two thousand
three hundred and fifty pounds, advanced in several sums, by way of adventure, upon the pro-
positions for rebels* lands in Ireland, and assign unto him so many acres of meadow, arra-
ble, and profitable pasture of the sud lands (together with the bogs, woods, and barren
mountains thereunto belonging) as are due unto him, according to the proportions and rates
for the respective provinces in the Act of Parliament in that behalf expressed, and the mea-
sure allowed by the respective Acts and ordinances upon which the said several stuns were
advanced respectively, in such place and places as the said John Blackwel, his heirs or assigns,
or his or their trustees in that behalf appointed, shall make choice of and desire, within the
counties of Dublin, Kildare, and Cork, or any other county which is not particularly by these
instructions, nor shall be by you, in pursuance thereof, designed and set apart for the satis-
faction of the adventurers and soldiers, and not being by any Act, ordinance, or order of
Parliament, or by authority derived from Parliament, set out, alotted, or granted to any par-
ticular person or persons ; and to put the said John Blackwel, his heirs or assigns, or his or
their trustees, into the possession of the premises so to be set forth and alotted to him, to be
by him, his heirs and assigns, held and enjoyed, in as full and ample manor, and with the like
advantages, liberties, and privileges, as any the adventurers for lands in Ireland may and
ought to hold and enjoy the lands set forth unto them, and as if the same lands and premises
to set forth unto the said John Blackwel, his heirs and assigns, had come unto him or them
by lot ; and that you cause an exact survey, upon oath, to be made of the premises, in writing,
and returned unto the register for the said lands, to remain of record.

Passed 27 September.

VI.

( 382 )

VI.

Comrnuiionfor Surveying ofLandi in the County of Kilkemf\

Thk laid commissionerSf by vertae of the authority and trust comitted unto them in and
by one Act of Parliamenty entitoled, " An Act for the speedy and effectoall Satisfaction of
the Adventurers for Lands in Ireland* and of the Arreares due to the Souldiery there, and
of other publique Debts," doe hereby authorise and appoint Henry Waddington, James
Shane, Henry Greenoway, and Sebastian Brigham, Esqrs., or any three or more of tbem, to
hold and keep one or more courts of survey, for inquiring and finding out of all and every the
honors, baronies, castles, mannors, messuages, lands, tenements, rents, annuities, reversions,
reminders, possessions, and other hereditaments whatsoever, which at any time since the
twenty- third day of October, in the year 1641, did belong unto any person or persons, whose
lands upon the said 23rd day of October were, or at any time since are forfeited to the Com-
monwealth, by vertue of an Act of Parliament, entituled, *' An Act for the speedy and effec-
tual Reducing of the Rebels in his Mjgestie*8 Kingdome of Ireland to their due Obedience to
his Miyestie and the Crown of England," or by any other Act or Acts of Parliament ; and like-
wiBO to inquire of and find out all such honors, baronies, castles, manors, lands, tenements, rents*
and hereditaments belonging unto the Crown in the year 1630, or at any time since ; and also to
inquire of and find out all honors, baronies, castles, mannors, lands, tenements, rents, or other he-
reditaments, lately be!ong^ng to any archbishop, bishop, dean, dean and chapter, or other officer
belonging to that hierarchy in Ireland, in the right of his archbishoprick, bishoprick, deanery,
or office aforesaid, within any of the baronies of Kilkeny, Rathconrath, Demifoore, Moy-
ashell and Moghrediernan, Ffortulla or FfartuUagh, Cloniownan, Moyeashell or Moycashell,
Moygoish, Corkerry, Delvin, Ffarbill, territory of Birrawny, lands of Moydrum, within the
county of Westmeath, together with all houses, edifices, timber, woods, mines, and other i^por-
tenances belonging to all and every the premisses within the county and place aforesaid ; and
to survey the same, and make returne thereof distinctly by themselves, that is to say, fforfdted
lands, with the appurtenances, by themselves ; Crown lands, with the appurtenances, by them-
selves ; and lands belonging to the said hierarchy, by themselves. In the holding and keeping of
which courts of survey, the said Henry Waddington, &c., or any three or more of them, are
hereby authorized and required to send for such persons as they shall judge any way able to
informe them concerning the premisses to come before them, and examine the said persons*
upon oath, for the better discovery of what they know in and about the said premisses. And
it is farther ordered, that in making returnes of the said survey the said Henry Waddington,
&c., doe observe and put in execution the instructions hereunto annexed; and that before
they doe act anything by vertue of this commission, they doe take the oath ensuing, viz. :
*' You shall faithfully promise and swear, in the presence of the great and mighty Grod, that

you

• Vtook th« B«ooid Bnneh of the Faynaiter of Civil SerrioM* Ofltot.

( 383 )

jou ahall well and tmely execute the power and trust to joa eomitted, by vertue of this com-
mission and instructions, according to the best of your skill and knowledge." And the said
Henry Waddington and James Shane are to administer the said oath each unto other. And
they, or any one or more of them, having so taken the said oath, are hereby authoriaed to
administer the same unto the rest of the persons hereby appointed for the execution of this

commission and instructions, as aforesaid.

Dated at Dublin, the 2nd of June, 1654.

JnUnieiioni to be observed by Henry fFadington^ Jamee Shane, Henry Oreenotoay, and Sebas^
tian Brigham^ EeqrM,^ in the Holding and Keeping of Courti of Survey of the Honors,
Barotdet, Castles, Lands, Tenements, and Hereditaments, m and by the annexed Commission
given them tn Charge to survey, and in the surveying of the same accordingly.

You are forthwith, upon receipt of your commission, to meet in some convenient place
within the said county, to take the oath prescribed in your said commission* for the due exe-
cution of the trust thereby comitted unto you, and to consider in what barony or place you
shall judge it most convenient to appoint the first court of survey to bee kept, in order to the
prosecution of your said commission, and accordingly to appoint time and place for that end.
And for the more effectual performance of the said service, you are authorized to adjourne
from time to time, and from place to place, in such manner as you shall judge to bee most
conducible to the speedy and effectuall discharge of the said work. And in the first place
you are to survey, according to the tenor of your commission and these instructions, the baro-
nies of Clonlownan, Moycashell, Moygoish, Corkerry, Delvin, Ffarbill, territory of Birawny,
and lands of Moydrum adjoyning thereunto, being the baronies that are fallen by lot to the
souldiery within the said county.

You are with all convenient speed to enter into and upon all and every the honors, baro-
nies, manners, castles, messuages, and other the lands, tenements, and hereditaments what-
soever mentioned in your commission, lying within the said county of Westmeath. And by
your oathes of good and lawfull men, and by all other lawfull wayes and meanes, you are to
inquire and find out the premisses, and every of them, with their and every of their appur-
tenances. And you are to view and survey the same, or cause the same to be viewed and
surveyed, so as the premisses and every of them may (either by your own view, or by the
view and testimony of good and lawfull persons* upon oath) bee certainly, distinctly, and en-
tirely known from other lands, by their respective qualities, quantities, or number of acres by
estimation (according to one and twenty foot to the perch, and one hundred and sixty perches
to the acre), also by their names* scituacion, parbh, or place where the same doe lye, with
their respective meets and bounds ; the bogs, woods* and barren mountains, belonging to the
respective premisses, or any of them, being mentioned, and the quantity thereof estimated
and distinguished from the profitable lands in the said survey. And for the better execution
of your said commission, you are, as oflten as you see cause, to summon one or more juries,

and

( 384 )

and to ^ve them in charg;e to inquire and find ont all and every the particulars of these in-
structions, and to cause such juries, when and as often as you shall judge it necessary, to
view and tread the meets and bounds of the premisses, and to forme all such other matters
and thingB as are perfectiy inquirable in courts of survey, as you shall give the same in charge
unto them.

You are, by the like waies and meanes, to inquire of and find out the true yearly value of
the premisses, and of every of them, as the same were lett for, or worth to be lett, in the year
1640, or at any time before; and also what part of the premisses are chargeable with any
pious and charitable use or uses ; and also to inquire of and survey, or cause to bee surveyed,
the buildings, houses, edifices, timber, woods, open quarries, or mines, upon the premisses,
and to make true and particular returns of the same in your bookes of survey.

You are to call before you all such persons as now are, or formerly have been, stewards,
bayliffs, reeves, or collectors of rents, issues, revenues, or profits of the premises, or any part
thereof; and likewise all such persons as now are, or formerly have been, tenants of the premisses,
or any part thereof, and also such other persons as you conceive may best know the premisses, or
any of them, or as many of the said persons as you can conveniently summon to appear before
you, and to examine them upon oath concerning the meets and bounds of the premisses, and
concerning the rents, issues, profits, valuations, royalties, perquisits of courts, tythe8,or impro-
priations, rights, titles, and other emoluments unto the premisses, or any of them, belonging or
appertaining, or held, or enjoyed with the same, as parte, parcell, or member thereof, or ap-
pendant to the same, together with their and every of their particular values, which you are
distinctly to returne in your bookes of survey as aforesaid.

You are further strictly to inquire and examine as aforesaid what court-rolls, rentalls,
bookes of survey, books of accompts, or what other records, evidences, or writings touching
every the premises, or any part of them, any of the said persons have come to the knowledge
of; and where and in whose custody the same do remajne ; which sidd court-rolls, rentalls,
bookes of accompt, or other records, evidences, and writings, you are to demand and receive
into your custody.

In returning your survey of any honors, manners, lands, tenements, or hereditaments,
belonging to the Crown, or to archbishops, bishops, deans, deans and chapters, or other ofil*
cers belonging to that hierarchy, you are particularly to inquire, by your waies and meanes
aforesaid, what leases are in being of any part of the said last-mentioned premisses, when the
same did respectively commence, for what terme granted, to whom the same were so granted,
what rents and other duties were reserved thereupon, who are the present tenants of such
lands so granted, and in whose right they hold the same, and when and from whom such right
is or hath been made over unto them, or unto the persons for or from whom they hold the
same respectively.

In case you find variance in the evidence which shall be given, touching the extent or va-
luation of the premisses, or any part of them, or any other particular given in charge, and if
the said variation or difference bee considerable, or if you conceive the evidence to diifer from
truth to the prejudice of the Commonwealth, or any other person, you are in those cases, as well

by

( 385 )

by your own view as by such other good waies and meanes as you judge fitt, to informe your-
selves of the truth in such particulars, and to certify as well the said evidence at large as your
own judgment touching those particulars, with the reasons inducing you to vary from such
evidence.

Where you shall find no possibility, by reason of the wastnes or depopulation of the country,
to make so particular a survey as is directed, or to inform yourselves so exactly of the meets,
bounds, or other certenties of the premisses, or any of them, as is before required, you are in
such cases to use your best wayes and meanes you can for the discovery of all and every the
particulars herein given you in charge, and to certify upon all such particulars the manner of
your proceedings, and the causes why you cannot returne the said survey of them according
to the instructions given you.

And because it is required that the quantity or number of acres contained in the premisses,
and in every part or parcell of them, should be distinctly and particularly admeasured, you
are, therefore, out of the survey taken by you of the premisses, and every part of the same,
to cause an abstract to bee drawn, containing the names of all and every such parcells of land
as shall bee by you surveyed in every respective barony, according to the tenor of your com-
mission, with their respective bounds and meets, and the parishes or places where the same
do respectively lie, not mentioning the quantity or value of the same ; and the said abstract so
drawn you are to deliver to such persons as shall be authorized and commissioned to admea-
sure the same. In which abstract you are to distinguish which of the said lands are forfeited
lands, and also which lands are Crown lauds, and which lauds are lands lately belonging to
any archbbhop, bishop, dean, dean and chapter, or other officers of that hierarchy, to the end
the same may bee distinctly admeasured, and distinct plotts returned of the same.

And for the better assistance of the said persons who shall be appointed to admeasure the
premisses, or any part of them, you are hereby authorized and required, by warrants under
your hand, to appoint (out of the inhabitants of the said county), such and so many fitt per-
sons as shall be judged necessary to attend the said surveyors in admeasuring of the premisses,
or any parte thereof, for to shew and tread out the meets and bounds of any the said lands
respectively ; as also to infomxe and make known, as often as there shall bee occasion, the
meets of the several baronies and parishes, and the course that the said meets and bounds doe
runne.

And for the more full and better discovery of the interest of the Commonwealth in or out
of lands in the said county, you are further authorized and appointed to inquire what other
lands in any of the baronies aforesaid are claymed by any English or Protestants, how meared,
sdtuate, and bounded, and in what parishes or places respectively the said lands doe lye, what
number of acres such lands so claymed do respectively conteine by estimation, accordmg to
the measure of 21 fToot to the pole, and 160 poles to the acre ; what leases, annuities, rents,
or other profits are made off, or is issuing, or of right ought to issue out of the same to the
Commonwealth, in right of any person or persons who have forfeited their interests in the
same to the Commonwealth ; which you are likewise to return in your survey, therein setting
down the particular yearly values of every such lease, annuity, rent, or other profitt.

IBI8H ABCH. soc 3 D Having

( 38<5 )

Having fimshed the snnrey of every the said baronies within the said county aooording to
the aforementioned mles and instmctions given you* you are to cause the same to bee fairly
ingrossed in one or more bookes, setting down the survey of each barony by itself,, and to re-
turn the same^ attested under your hands, or the hands of any three or more of you, together
with this commission and instructions, close sealed up, to the surveyor-generall, and a duplicate
thereof, in like manner fairly ingrossed, attested, and sealed up, to the register for forfeited
lands in Ireland, at Dublin, together with all records, evidences* and writings which shall
come to your hands concerning the premisses or any part of them. In the retume, transcrip-
tion, or making up of which survey, or in any other thing relating to the premisses, you are
further to observe such instructions as shall bee sent you by the lud commissioners of the
Commonwealth, or by the surveyor-generall.

You are to use all expedition in the execution of the aforementiotied instructions, that the
service of the Commonwealth may not bee retarded thereby ^ and for the more effectuall per-
formance of the several! duties herein directed, you are hereby authorized to imploy such
and so many persons under you for writing, ingrossing, and transcribing of such depositions,
surveys, and duplicates, as you are to take and retume by vertue of the above said commis*
sioUf and to give to each of them such allowance as you shall think fit, provided no unneces-
sary or immoderate charge bee contracted thereby upon the Commonwealth ; and that no one
person receive for his paines in writing or transcribing the depositions and surveys as afore-
said above the rate of twenty shillings per week.

Lastiy, you are not without speciall lycense or order in writing from the said commissioDcrs
to discover to any person the particular values, extent, or the like certeintiee of the premisses
to bee by you surveyed, according to this commission, other then what was before directed to
such as shall bee i^pointed to admeasure any part of the said premisses, nor to keep any
coppies of the same with your selves or with any of those that shall bee imployed by you.

Dttblm, 2 June, 1654.

C. F. (Charles Flbbtwooo.)
M. C. (Miles Corbbtt.)
J. J. (John Jones.)

vn.

Imtructioru to he ob$erved by Mr, Thomas Jacksaih appointed Surveyor for the Barromes of
ClamoiUiam^ KUmalloch^ Small County, Owny Begg^ Coshma, Costleane, and CUty and
Libertyes ofLymerick, in the County of Limerick, in his Surveying and Admeasureing the
said BarronieSy and in making his Retume of the same^.

Yoo are forthwith to repayre unto the said county, there to demand and receive from Robert
Cox, Wm. Ramsey, Samuell Clearke, and Thomas Robinson, Esqrs., or any three or more of

them

• nomttieBeoordBnDdioifthePftTmMtsoCCIvilScrficeirOflos.

( 38? )

tfaeniy appointed oommissioners for the aurveying the county of Limerick^ a transcript of all
the forfeited lands, as alaoe of all lands belonging to the Crown, or any archbishop, Ushopp,
deane, dean and chapter, or other officer of that hierarchye, lying in the barronies of Clan-
William, Kilmallock, Small Coontyy Owny Begg, Coshma, Costleane, oitty and libertyes of
limerick aforesaid, which are to be admeasured by yon.

In the admeasuring of which, if any of the said forfeited lands or other lands given yon in
charge to admeasure by your commission, lye wholly surrounded or meared with lands not
forfeited nor in the dispose of the Commonwealth, you are, as oft as the same shall happen, to
surround and admeasure erery such parcell of forfeited land by itself<», whither the said
parcell be Uttle or great, or doe conteyne more or lesse number of acres.

Where the said forfeited lands, or other lands to be admeasured by you as aforesaid, or
any of them, are meared partly by lands not forfeited nor in the dispose of the Commonwealth,
partly by mountayne, lough, bogg, or the like unprofitable land, you are in such cases to sur-
round and admeasure by instrument the said profitable lands only, the said unprofitable
mountaynes or boggs, if belonging to the premisses, or any part thereof, being to be estimated
by you, and by some tying-lyne or otherwise, exprest in your plotts.

Where any large parcell of the said forfeited lands shall lye togeither in any barrony con-
teyning the estates and proprietyes of severall persons who have forfeited the same, if within
the said parcell there shall not be mixed any land unforfeited, nor any barren mountaynes,
lough, bogg, or other land unprofitable, nor any lands lately belonging to the Crowne, or to
any arohbishopt bishop, deane, deane and chapter, or other officer of that hierarchye, in right
of their respective officers, you are in all such cases to admeasure exactly with your instru-
ments only the outlines or bounds of the said parcell, and accordingly to cast up the contents
of the whole, subdividing and distinguishing by estimate the estates of the severall proprietors
within the said parcell and the quantityes of each of them respectively.

Where any large parcell of fforfeited land shall lye togeither in any barrony conteining as
aforesaid the estates and proprietyes of severall persons who have forfeited the same, if within
the said parcel of forfeited land there shall be scituate other smaller parcells of land not for-
feited, or of lands lately belonging to the Crowne, or to any archbishop, bishop, deane, deane
and chapter, or any other officer of that hierarchye, in the right of his or their office as afore-
said, or of lands barren and unprofitable, you are in such cases, besides the admeasurement of
the outline or bounds of the said parcell of forfeited lands, exactly to admeasure with the in-
strument all such parcells of land by themselves as are not forfeited, likewise all such as are
Crowne lands and Church lands, and all as are barren and unprofitable.

Where any parcell of lands forfeited belonging to one or more proprietors, and lying alto-
gether, shall extend it selfe unto severall barronies, and be scituate parte in one barrony, parte
in some other barrony, if the barrony or barronyes in which part of the said forfeited lands
doe lye be not any of the barronies mentioned in your commission, you are in such case to
admeasure with the instrument soe much of the said parcell of iforfeited lands only as lyeth
within the barronies, you are to admeasure and to note the same as part only of the said pro-
prietors* lands.

3D3 In

( 388 )

In your survey or admeasuring any parcell of forfeited lands, as oft as you come upon, or
crosse the meare of any barrony, you are diligently to enquire and informe your selfe how the
said meares and bounds doe runn, and either by taking the angles, or by such other wayes
and meanes as you thioke best, and may be speedyest done, to ascertaine the said bounds and
meares of the respective barronyes, soe as that the same may be drawne and sett downe by
you in a touch plott.

As touching unprofitable lands, which by these instructions you are appointed to survey
only by estimate, you are faythfully to describe the nature, quality and quantity, and bounds
of the said land, and especially where the same boundeth upon the profitable lands which yon
are to survey, and to sett downe the reasons why you account or retume the same unprofitable.

In the taking the survey of all Crowne lands, or lands lately belonging to any archbishopp,
bishopp, deancy deane and chapter, or other officer of that hierarchye, yon are to returne the
surveys of each of the said lands respectively in distinct plotts by themselves. Haveing taken
exactly the contents of lands forfeited in any of the said barronies, you are by your owne
view, and such further information as shal be given you by the commissioners appointed for
the survey of the said county, to describe and sett downe in a toutch plott the several and re-
spective proprietors' land not forfeited within the said barronyes, according to their severall
and respective scituation, and the estimate of their respective quantityes given by the counting
of them at 160 poles to the acre and twenty-one ffoote to each pole.

Lastly^ you are to retume the plotts of each barrony by it selfe, together with the bookes

of reference belonging to the said plotts respectively, unto the surveyors-generall his office, in

the drawing or making up of which you are from tyme to tyme to follow such instructions as

shal be sent you from the said commissioners of the Comonwealth, or firom the said surveyor-

generall, and to act and doe all other thmgs relating to your commission as are requured in

the duty of a surveyor.

Dublin, 12 June, 1654.

C. F.
J.J.

VIII.

The Oath given to the Surveyors imployed by Dr. Petty^.

You shall, in the presence and fear of the Lord, swear that you will faithfully and tmely,
according to your best skill and knowledg, perform the duty and trust of a surveyor in all
such surveys as you shall be imployed in, according unto the instructions you either have or
shall receive from the surveyor-generall, or such others as are or shall thereunto authorized,
and shall make true returns thereof, and shall neither for fear nor favour, malice or reward,
or hope of reward, violate the trust reposed in you.

XL
• KramtheBeoQidBniidioftteFaQnnMtarofCiTttBtfTtocs'Ofloe.

( 389 )

IX.

Committee for Obstructiotu in Surveys to meet touching CiviU Surveys^,

Oeobred, that it bee referred to the committee for removing obstructions in the surveys

undertaken by Dr. Petty, to meet to-morrow morning, and consider of the proceedings of the

commissioners for the civill survey, and how the concealements of lands may bee remedied,

how farre the present surveys may bee of use, and what course is to bee taken for having true

and full civill surveys returned, to remaine of record for publique use. And they are to treat

with the commissioners-generall concerning abstracts to bee given of the civill survey, and

concerning the sufficiency of the present surveys.

Dublin, 12 February, 1654-3.

T. H. (Thomas Herbert.)

C. C. (Charles Coote.)

X.

Order /or the settling of Troops disbanded in 1655*.

Gentlemen, — Wee lately sent you a commission and instructions for the setting out of lands
in satisfaction of the arreares of certaine troopes and companies named in a list or schedule
annexed to the said commission, according to certaine instructions in the said commission
given you ; notwithstanding which we thought fitt to acquaint you, that in case any of the said
troopes, companies, or persons, did slacken their march thither, or did delay both their own
oomeing, or sending upon the place some person to demand their lands for them^ contrary to
the orders given them, wee judge their slacknes or neglect should not or ought not to pre-
judice the rest who are ready and desirous to have their lands given them, and therefore
would have you proceed to the casting of lotts, and to the determining in what manner the
said troopes or companies shall sitt down, according to the instructions in that behalf given
you s notwithstanding, some troopes or companies, or the agents for them, may not bee there
present, which lotts also are to bee as binding and concluding to the said persons absent as if
they or any in their name or behalf were there present, and consenting to them.

And if, upon drawing the said lotts, such troop or companies or persons as shall bee at
the same time absent, or any of them, are, according to the said lott, to sett downe before those
troopesy companies, or persons that are present, or before some of them. In that case, if no
agent with debentures bee there ready to demand their lands for them, you are to respit so
much land from being sett out to any other in the place where the said absent lott shall fall,
as will answer the sum of the said troop or company, or other persons that are absent, accord-
ing as in the list mentioned, and at the rates which shall bee agreed upon that others were to
have it.

Whereas likewise, in that list sent down to you, many single persons are at the end of

several troopes and companies added whose sums or arreares are not sett down with their

names,
» nomtlieBcoovlBnnGl&ofUiePiiijmutcrofCiTilSenioei'Oaoe.

( 390 )

names, in regard they are not of the muster of October, 1653. And that it is supposed thej
were reduced out of other companies, or probably might bee of the late disbanded, and ao
have received satisfaction, and were since taken into the muster againe.

It is desired, therefore, you wil bee very strict in the inquiry into this busines, and to ob-
serve carefully in the first place this generall rule : not to admitt any person to satisfaction
that produceth not his originall debenture ; and where any of the sud single persons, whose
arreares are left doubtfull in the said list, shall produce their originall debenture to you» yet
you are to suspend his satisfaction if it appear to you bee was formerly a ^banded person,
and that bee hath been since taken in againe.

But forasmuch as no unnecessary prejudice is to bee put upon any of the said persons, there-
fore, if any of the said single persons whose arrears are left doubtful as aforesaid shall pro-
duce their original debenture to you, and that the officers shall make oath before you (which
oath you are hereby impowered to administer), or otherwise shall give a sufficient and clear tes-
timony on his behalf, that bee was never disbanded, but reduced only out of some other troop
or company wherein bee served ; in that case you may satisfy them^ making a memorandum
upon the backside of each of the said debentures, what oath was made on his behalf, or how
farre the truth of the thing did appear to you, to the end it may bee here further examined.

Wee further think itfitt that you will bee very carefull in crossing the names in the mar-
gent, of all persons in the list, whose debentures you take in, and of fileing your debentures,
that all confusion may (as much as may bee) bee avoyded, and that you delay not all the re-
turne of them, according to the directions of your commission, after you have g^ven out cer-
tificates for them.

Lastiy, if there shall appear to you any necessity of some persons to be imployed in the
nature of a clerk to attend you, and to assist you in the casting up of the lands, in writii^
certificates, and doing the like duties, you are to make choyce of some able and fitt man, and
(returning his name immediately unto us), a warrant shall bee ordered for the payment of a
fitt salary or reward (during that time) to him ; and if there shall be any thing else you shall
judge needful to expedite this service, or shall find any obstructions in it, you are from time
to time to acquaint us with it, or to intimate it to the surveyor-general.

Dated at the Castie of Dublin the 8th of September, 1655.

T. H. (Thomas Hbkbbet.)

C. C. (CBAELIfi COOTB.)

XI.

Order for the Survey hy Mr. WorsUy and Dr. Petty of the AdverUuren* Lands and other Landi^.

Wbbrbas. it hath been held expedient that the forfeited lands within the moyety of the ten

counties fidlen by lott to the adventurers, the forfeited lands in the county of Lowth and

county of Leitrim, and the forfeited lands that were set out to the souldiers in 1653, and such

other
• AflroatheRMordBnBchortheFfeTmMtaroCGtvnSenloM'Oflloe^

I

( 39" )

other lands escheated to his Highnes and the Commonwealth as are not yet admeasoredj should
be forthwith admeasured by an exact survey. And whereas, for the better and more advan-
tageous dispatch thereof, it hath also been ordered that Benjamin Worsley, surveyor-gene-
rail, and Doctor William Petty, should be joyntly authorized and impowered to carry on
the Bud work, and to imploy such fitt and able artists in it as they should think fitt ; it is, for
the further management and direction of the said survey, thought fitt and ordered, that the
aaid surveyor-generall and Doctor William Petty do take care for the admeasurement, in the
first place, of the moyety of the ten counties fallen by lott to the adventurers, and of the
county of Lowth, and when, as much help is applyed for the survey of the said counties as
<5onveniently can be, that they do likewise use all possible expedition for the admeasurement
of the rest of the land above-mentioned set out to the disbanded in 1653. In the admeasure-
ment of which said lands, set out to the said disbanded, they are also to take care and pro-
Tide that an exact rdturne be had of the present proprietors of each land, and who the said
proprietors do clayme their right from, whether immediately from the Commonwealth for any
arreares due to them, or from any other person passing or conveying his said right over to
them, and who the said persons are. And it is further ordered, that the several artists im-
ployed by the said surveyor-generall and Doctor Petty for the admeasuring of the above
said lands, be, before they enter into the said employment, duely sworn according to the
directions of the Act, and that they be required to pursue these or the like instructions fol-
lowing (via.) : —

You shall well and sufficiently survey and admeasure, or cause to be surveyed and admea-
sured, all the honors, castles, manors, lands, tenements, and hereditaments of or lately be-
longing to all and every the rebels, in any of the baronies of the ten half-counties in Ireland,
fallen by lott to the adventurers (and mentioned in the late ** Act for Satisfaction of the Adp
venturers and Souldiers of the 26th of September, 1653") ; as likewise all honors, castles,
manners, lands, tenements, and hereditaments of or lately belonging to all and every the
rebels, in the county of Lowth and county of Letrim, and also all the lands, tenements, and
hereditaments of, or lately belonging to all and every the rebels, in any of the baronies within
the county of Cork, Kilkeny, Longford, Lowth, Cavan, Monaghan, Ffermanagh, Sligo, and
Mayo, heretofore appointed to be set out to the officers and souldiers diibanded in 1653 ;
and all the lands forfeited by virtue or fforce of the severall Acts of Parliament, or any of
them, which shall ly or be in the said baronies, or in any of them, and all the forfeited mea-
dow, arable, and profitable pasture belonging to each of the said honors, baronies, castles,
manners, lands, tenements, and hereditaments, as part and parcel of the said lands respectively,
and every and any of them distinctly to survey, admeasure, and set forth by the instrument,
so as each of the same may be certainly and distinctly known from other lands by their qua-
lities, quantities, names, soituation, parish, or place where the same do ly, with their metes
and bounds, the boggs, woods, and barren mountaines belonging to the respective premises,
or any of them, being mentioned and distinguished from other lands in every such survey,

Tou are to survey or cause to be surveyed and admeasured with the instrument, all the
said lands mentioned in the aforesaid article, into the smallest and lowest denominations that

are

( 392 )

are (that in to say), into town-lands, plot^h-lands, cartroones, or any other denominations of
lands proper to the said baronies and counties where the said lands do ly (or that are nsoally
known and observed in the said baronies )> according to the bounds of each of the said deno*
minations respectively, so as each of the same may be certainly and distinctly known from
other lands of the like denominations in the said barony.

You are to subdivide the said town-lands, plow-lands, cartrons, or other the usual deno-
minations of lands, according to the number of proprietors who have forfeited their estates,
and have lands conteined in any of the said denominations, and to distiQguish the metes and
bounds of each of the said respective estates belonging to the said several and respective per-
sons who have forfeited the same. Provided that if the said forfeited estates, which shall ly
intermixt one with another, or with lands unforfeited, be in small parcells, and under forty
acres entirely together ; in all such cases it shall and may be lawful to return the said lands
by estimate only, without surveying the metes and bounds of each of them distinctly by the
instrument.

For the better ascertaining of what land is judged to be bog and barren mountains, you
are fidthfully to describe the nature, quality, and bounds of all such kind of lands, and espe-
cially to make some eminent mark where the same runns and bounds with other land, arable,
meadow, or profitable pasture land. You are also to describe the nature and qualities of the
said mountaine and bog, and to set down reasons and grounds for returning the same as such.

And to the end it may be the better ascertained what woods are to be cast in^ and what
are to be reserved according to the intent of the *' Act for the Satisfaction of the Adventurers
and Souldiers,'* you are carefully to distinguish the woods growing upon barren mountaines,
or which are not fitt for timber, from all other woods ; and the woods so reserved by the said
Act you are to survey by themselves, and to make particular returns of them.

You are carefully to survey and admeasure with the instrument the ont-meares and bounds
of all and every the baronies within the counties mentioned in the above said first article,
and the same so surveyed distinctly to protract and lay down, to the end that the civil metes
and bounds of each barony may be the better known and preserved, and that exact and per-
fect mapps may be held of the said metes and bounds of each of the said baronies.

You are to give into the office of the surveyor-generall fair plotts and bookes of survey,
fairly writ, of all and every the said baronies, and of all the honors, mannors, castles, lands,
tenements, and hereditaments forfeited in each or any of the said baronies, together with
bookes of references answering to the said plotts, in which you are at large to describe the
bounds and metes of all the said forfeited townes and lands, with all other their appurtenances,
and to set down what you find observable in them, or any of them ; all which you are to give
in under your hands ; in the making and drawing up of which plotts and bookes you are to
observe such further forme, method, and rules, as hath been given by the surveyor-general!
in the like case.

Dated at the Council (Chamber in Dublin, the 3rd day of September, 1656.

T. H.
C. C.
XII.

f

( 393 )

XII.»

Specimen Sheet. — Strafford Survey.

KILLCHRIST PARISH.
County Gallwat — Dunkellxm Baboht.

VtopAtUm* Ntnieti

Earl of Clanrickard, .
Yiaooant CUmmorru, .
Earl of Clanrickaid, .
Yiacoiint danmonu, .
Earl of Clanrickard, .
Yiaooant Clanmorris, .
Earl of Clanrickard, .
Ylflconnt danmonia, .

And
Cartrona.

I Car. ^ Car.,
f Car., ....

i Or., ....
i Car., ... .
i Car., ... .

i c«.

I Car., . . . .

I Car., . . . .

Ez^. P. G.

Denominatioiu of LindB.

Killchriflt and Grortnamacken, i Qr., ibidem.

Ibidem,

In Cloghmoill, Qr.,

In Gortroe,

In BaUychaddy, Qr.,

Ibidem,

In Cdlbaghla, i Qr.,

Ibidem,

Number

of
Acres.

19 o o

49 o o

19 o o

48 o o

19 o o

48 o o
19 o o

49 o o

The above-mentioned particulars (for ao mach) agree with the book
of reference of Strafford's Sorvey, taken of the parish, barony,
and ooimty aforesaid, remaining on record in their Majesties'
Snnreyor-Generall'a office.

BiGHABO Thompson,

Deputy Surveyor^ GeneroiL

* Beooid Blanch of the Faymaiter of Cifil tarloei' Offloe.

IBI8H ABCH. 80a

3E

Spedmen

( 394 )

V

K
O
03

n

~ a

13'

5

f

ti o

O
O

«0

"g

H

(5

M

1

Nl

1

4m

•

J

OQ

-<

08

E

H

B

Pk

*R

04

c

M

Ǥ"

H

H

H

K

D

O

o

ill

tj

-o o

m O

mo

o
o

8

•j

^8

^

2

M
O

•^ --if •

1

I

a •♦

NO

a MO I

OQ

03

O
»0

00
9k

•io

o

O

o

o

o

wr

o

o

o

^ NO

4

•

o

•

/

)

( 39S )

Specimen Sheet^-Grosse Survey*

COURTT TtROHIE. — DUNOANNON BABONT.

Web doe find and preaent that in the barony of Dungannon -^
lyeth all that proportion or precinct of land called the man-
nora of Kynnard and Mynterbireil, whereof Sir PhUemy
0*Neale was, before and on the 23rd day of Octobre, 1641,
seased and poaseet, which proportion and mannors consisted
of 38 balleboea or townes of land, and ^ contained after the
measora of the generall survey formerly taken, 2300 acres
by estimation, be they more or less, and were uppon the said
23rd of Octobre, 1641, esteemed to be worth per annnm, .

«. d.

* 1600 o o

Killyneale, . . .
MnUagfaneale, . .
DyanandtheMiU,
Tawnaghleane, .
MuOaghnersagh,
Tawnagfaclea, . .
KiUykenan, . . .

Dromas,

with a pa^ in
Kjrnard.

I ball
ibaU.
I ball

fand^parte.
f and I parte,
i parte,
i parte.
J. parte,
the towne of

Being paroells of the lands above-mentioned, pretended -^
to oontaine by a particolar survey about 600 acres, are
claimed by Charles Bolton, Esq., as leased to him by Sir
Philemy 0*Neale in consideration of £1000 ffine, and re-
servation of £29 yearly rent, for 60 jreares, commencing All
Saints, 1640, of which lands the said Charles was possest
nppon the 23rd of Octobre, 1641, and they were then
worth per annum, £150, &€., the profltt ariseing thereout,

121

Ballac^

Aghisallagh.

Dunmaddny*

50 o o

Examined per P. G. K.

f Being three townes or balleboea of the land above-men- -|
tioned; are claimed by George Randen of Iiin«garvy, Esq.,
as leased to him by Sir Philimy CNeele for 61 yeares,
under the rent of £100, &c., whereof the said George was
in possession 23rd October, 1641, and they were then

L- worth per annum,

The above and foregmng particulan, for so much, agree with the estimat
or gross taken in the yeare 1653 of the baronyes and counties afore-
said, remaining on xeoord in His Mi^jestie's Surveyor-GeneraIl*s
Offioeu

Tna Tatlob,

Depnijf Surveyor- GatMrutt,

3E2

Frcm

( 396 )

K

SJHs

iSl^l

illllll

J. I

Mill

a(2 [2 1 "I

MI'S

sUs^ii

it's r

mil

1111 1

^ sill 111
■||5ll|5i

If III

III Ni

15 «;&- *"

5 'III

his

1.1 =

tl!!
ilii

ii

11

II
ff:

II

111

IIIIIbIIIIII '

( 397 )

m

i"« « ji jj

|:asaa

if

mi
fill

:-M'

Ml
■3 g a

..-|i.

llUilfif; rflllilli

m

tip

'

i. ■ • •
a ...

0.

ri n o o

1

o

d n O O

■*

^
s

Offl s

J

1

■ ill
Jil

1

i

iS
S

■

1

;.o.

si

i

iiiifi 1!

( 398 )

xm.*

Jit the Commiitee of Irish Affairei the 28th Jaimanf, 1061.

PRBSBNT :

Lord Libutbnant of Ibbland.

Lord Chambbrlaine.

Earlb of Anglbsey.

Lord Hollib.

Mr. Sbcretart Nicholas.

Mr. Secret ary Morricb.

AidOTum"' Marquess of Antrim's business considered; refid and resolved that hiB Ma-

Ffooike. Sir Jo. jestv be Diooved concerning the same to-morrow from this Committee by the

CuUer. LMt In- V, , . . , ® ^

ctructioa, 8ir w. ABTle of Anglesey.

^^' That the business of Alderman Ffoulk and Mr. Cory, and the rest of the

poore Protestants of Ireland, be also then reported by the said Earle.
Sir J hn c ti Petition of Sir John Cuttler,— a saveing in the proviso for the Lord Trea-

surer, &c., for the estate of Mr.Wallopp, of such right as the said Sir John, &c.,
hath in any of the lands heretofore belonging to the said Wallopp, any thing therein contained
to the contrary notwithstanding.
LMt inttructioa '^^^ ^^ instruction, referring to the Kbg*s further direction, to be left

to be left oat. ^^^^

Sir wuiiam ^^^ William Petty's petition presented by the Earle of Anglesey. Request

Petty. granted. Mr. Secretary Morrice desired to prepare a letter for his Bii^es-

tie's signature to that purpose.

XIV.»

To THE King's most Excellent Majebtie.

The humble Petition of Sir William Pettie.

PetitioD, Sir w. Sheweth, that your petitioner bestowed much paines for the space of 3 yeares

about setting out lands to the souldiery in Ireland, being thereunto i^pointed

by themselves.

That the s«d souldiery have now voluntarily desired a clause to bee inserted in the BOl

for raiseing two pence an acre wherewith to discharge severall former engagements, as well as

to
*^F^om the Bcooid Toww, Dublin Gtitte.

I

( 399 )

to deiWiy the fatare obarges of theire settlement, which said acrege may amount unto twenty
thousand pounds, and consequently be sufficient to answer all ends.

JJ»y" ^* v^ Your petitioner, therefore, and fop that hee desires nothing from your

rearas ofMOittry Majestic, nor from any others not properly engaged, nor even from them, but
tar Mtting oat what may justly and conveniently be done, doth humbly pray that hee may
mnmery, Dot loose this Opportunity, for which he hath waited these seaven yeares, of

being considered for the said moHt painefuU service and his many sufferings arriseing from the
same, but that in order to his releife these following words may be added to the said clause
(viz.) out of which mony such compensation is to be made to Sir William Pettie, Knight, for
hb service and sufferings in and about the setting out lands in satisfaction of the said souldiery
as the cheife governor and councill of Ireland for the time being shall thinke reasonable.
And hee shall ever pray.

XV.*
To THE Kino's most Excbllbnt Majesty.

The htimhU Petitum of Sir William Petty, Knight.

Sir ^nutom Fftt- Shbwbth, that there remaines unsatisfyed unto your petitioner part of the
ecrning ^^^^7 penny an acre agreed to be given him by particular persons for admeasuring
w^ptSoMSa the lands sett out unto them before the yeare 1659, in your Majesty's king-
j^JiSl^J^JJ^^ ^' dome of Ireland, which your petitioner is disabled to recover by reason of your
1*°^ *^ Majesty's most happy restoration which made void all the security which

your petitioner had for the same. Moreover your petitioner hath beene at many hundred
pounds charge, and severall yeares' labour in composeing a most exact mapp of that king-
dome, which is yett imperfect for want of reasonable help and encouragement.

Your petitioner humbly prayes that he may be
enabled by some clause in the Act now under
consideration to recover his said debts, and
be further encouraged as your Majesty shall

think fitt for perfecting the said mapp.
And he shall ever praye.

Copia vera ez per

Edm. Stacks.

j. fvullbeton.

Whiiehall, October 14, 1664.

Ortonpon the His Blajesty is graciously pleased to referr this petition to his Grace tbe

or£wuiiam Duke of Ormond, Lord Lieutenant of Ireland, who, calling to his assistance

^^' such of the committee for Irish affaires as he shall think fitt, is to consider

the
• From tbt Beoord Tower, I>abUii CMtle.

( 400 )

the contents of the same, and to do therein what his Grace shall finde just and expedient to
be done on the petitioner's behalfe, or otherwise to make report of his Grace's opinion to his
Majesty, who will then declare his farther pleasure.

Will. Morics.

Copia vera ex per

Edm. Stackb.

J. Ffullbrton.

XYV

To THE KlN0*8 MOST EXCELLENT MaJESTIB.

The humble Petition of Sir WUUttm Pettie, Knight.

HifMi^etHe't Al-
lowance of the
arreaxea of ad-
meaganment* fte*

And the daiue
aniwers not the

Petitions that an Shbwbth, that jTour petitioner's right to lands in Ireland having been already
hif mTnyva^e^ ^^^J often examined both in England and Ireland, he most humbly beseecheth
troabiee. jq^j^ Majestic that he may now at last receive an end of his many yeares'

troubles and causeless vexations from your Majestie's own gracious handy and as a testimony
By ordering the of your Majestie's royall favour and bountie towards him, by ordering the
be inaerted. annexed clause to be inserted, the matter of what he desires being but the

same which is granted to all others.

That whereas your Majestie hath already been graciously pleased to
afford your petitioner a remedy for recovering his arrears of admeasurement,
and withall recommended him for an encouragement and assistance to finish
the maps of Ireland. Now for as much as the clause inserted for that pur* '
pose is by some accident so penn'd that it answers neither of the said ends,
your petitioner prays it may extend to all the lands admeasured by your pe-
titioners as well as to that of the souldiery, your petitioner being able to shew
abundant reason for the equitie thereof.

That whereas your petitioner hath formerly laboured night and day for
three yeares' space in setting out lands to the souldiery without any reoom*
penscy and hath suffered infinite wrongs and damages by reason thereof^ he
humbly prayes he may have such a consideration for the same out of the
moneys by this Act to be raised out of the souldiers for purposes of this
nature, as the Lord Lieutenant and councell of Ireland, or any other indiffe-
rent persons, to be appointed by your Majestie, shall think fitt.

Whereas your petitioner is settled in some lands wherein the Lord of
Gormanstown hath an interest by way of mortgage only, he humbly prayes

that
> Fnin tlM Beooid Tom, DaUUn GmUs.

PnTea it may es-

tend to all as well
aathesooldiery.

The petitkncr'a
labour in setting
out lands to the
■ooldiers without
recompcnce, but
instead thereof
reodved da-
mages.

Pnyes allowanoe
out of the money
to be raised on
the souldiers.

He If setled in
liDds on which

( 401 )

muutowi^i^' that although your Majeatie be pleased to restore his said Lordship to his

• mortgage. lands of inheritance, yet that his Lordship may receive satisfaction for his

^™* h^I^^tA ^^^^^^'^<>^^y upon other men's lands in the same manner as your petitioner

out of other men'i should receive a reprize in case he were removed, the same being no preju-

raprixe; dice to his Lordship, but a facilitation of the common settlement,
it fiiciutatixigthe j^nd your petitioner shall ever pray, &c.

Hamton Court, July 6, 1665.

His Majestic is graciously pleased that such a clause be inserted in the Bill under consi-
deration for Ireland* in behalf of Sir William Pettie, as may be a finall settlement to him in
his lands there, according to the common retrenchment in the case of adventurers and soul-
diers. And that the other parts of his petition be provided for so farr as they be not incon-
sistent with the generall settlement. And it is referred to the Solicitor- Generall to see the
same done accordingly, or to repeat [report ?] his reasons to the contrary.

Arlington.

XVII.

Mr, Cheesey, — Instructions for Kerry — By Sir William Petty^,

1. When you goe into Kerry find out Cornelius Sulivane of Dromoughty in barrony of Glan-
neroughty, and take directions from him for goeing into all the woods in the 2 barronyes of
Glanneroughty and Dunkerron, and particularly those of Glancurragh, soe as to satisfie your
selfe what clift-ware, ship-tymber, house-timber, and other wooden commodityes may bee made
out of them, and at what charges they may bee brought to the water-side, how far each re-
spective wood.

2. I would have you take the best accompt you can of all the staffes and other clift-ware
which now lyeth upon the river, and examine by all the meanes you can what part of them
was brought from any other than my woods, and to oppose the shipping of any untill all con-
troversyes of that point bee cleared to prevent the cutting of any wood but by my order ; to
bring in English and Protestante workmen in the greatest number you can, assureing all such
who are able and honest they shall have the best incouragement in Munster, and forbidding
all tenants from paying any rent to any but my selfe or my order.

S. I would have you encourage Sandford and Sellberry, and lett Sandford goe on with his
boate ; as alsoe another boate, slender worke, such a one as may bee able to carry 20 tunne to
Corke or Lymericke, and sett as many hands as you thinke convenient to worke upp the tim-
ber alhready fallen into clift-ware, and sawing-tymber, according to such scantlings as I have
given you. And

> FMn tiM Bcoofd Braneh, PajmafUr of Civil Serrioai* Offlee.
IRISH ABCH. SOC. 3 F

( 402 )

And to »gT«e with u manj at 7011 cui to take the rent of the land or itocke for thor
wages.

To take cars that noe pipe-ataffea comiug tram anj other woodi not to be ihipped before
thej have pud the lawfiill dntjee and ciutomet for the lame.

To oonrider what convenieneoj ii for makeing of tale for beefe and fiah.

DnbUD, dated the 24th of Ha;, 1666.

f

403

INDEX.

ABBOT, Dr., 69, 78, 75, 76, 79, 86, 196,
198.

Accounts, Dr. Petty 's, pauing of, 133, 136,
140, 149, 151, 157. 159, 217, 227, 331-335,
348.

order of discharge for, 149, 169.

Act of Parliament, 17 Charles I., declaring
lands of rebels forfeited, 233, 317.

— *- of satisfaction of September 26, 1653,
85, 354. Order of council, confirmed by
above, 368. Commission, with instructions,
370, 372.

for atuinder of rebels, 1656, 306.

of confirmation, 1656 ; legal opinion as

to whether it comprehends adyenturers,256.

— — ^ of indemnity, application to be made for,
70, 78.

of settlement, 1662 ; Dr. Petty a com-
missioner for carrying out instructions
under, 348.

various names and dates of, 250, 370.

Advancements and abatements upon rates of
land over Act rate, to be made by even
groats : odd roods and perches to be es-
teemed for whole or half acres, 189.

Adventurers, committee of, for settlement of
lands ; for proceedings of, see Committee
of Adventurers sitting at Grocers' Hall.

3F

Agreement with Dr. Petty to be in legal

form, 22.

engrossed, 23, 317, 319, 322.

Alchorne, Richard, 243.
Aland, H., 30, 73, 75, 76-79.
Allen, Captain Stephen, 127, 133.

Adjutant-General, 4, 7. 299.

Allen, Mr., 252, 257.

Almery, Mr. George. See Fowke, Alderman.

Anonymous letters, accusing Dr. Petty of

several crimes, &c. See Letters.
Antrim, contents of baronies examined in

surveyor-general*s office, 140.
quantity of profitable, unprofitable,

Church and Crown lands, and commonage

in, 144, 145, 146.
Apothecary- General of the army and assis-
tants, time of, not spent to advantage, 1.
Appendix, 353.
Aran (Aron) Isles, army serving in, arrears

due by, for survey, 162. 334.
Archer, Serjeant J., 252, 257.
Ardee (Atherdee). See Louth.
Armagh, contents of baronies examined, in

surveyor-general's office, 140.
^^^— quantity of profitable, unprofitable.

Church and Crown lands, and commonage

in, 144-146.

( 404 )

Army, gprants could not be made to, without
knowing quantity, quality, and bounds, 8.

debt due to, to be ascertained, and

the agents for the several regiments to be
required to meet, and proceed to a subdi-
vision and apportionment of lands, 41.

regiments to determine upon some

places to begin, and proceed to take satis-
faction of their lands, 63.

regiments to be put in possession of

lands, for two-thirds of the arrears due to
them ; overplus to lie together for Com-
monwealth and remainder of army ; order
of council as to manner of distribution,
64.
proceedings of council of agents as

to distribution of lands, 66.

petition to have the proBts of all

lands belonging to their security handed
over to their agents for them, 67, 76.

profits of ten counties granted ac-

cordingly, 68. 77. 328.

widows, orphans, and mumed sol-

diers to be put in speedy possession of their
arrears, 67, 199, 318, 328.

agents to draw up proposals for

making a sound title of lands to, 69.
reduction of, ordered by Lord De-

puty 'y troops reduced, to have full satis-
faction in lands, 70, 328.

agents of, petition to have the sol-

diers put into speedy possession of lands to
the full amount of their arrears; and if
there should not be land enough, they offer
to pay each person shut out 18«. in the
pound, 72, 328, 330, 337.

serving and disbanded, advantages of

the latter, in having a first choice of lands,
pointed out, 73, 74.

agents constitute certain officers as

tisfied, confirming whatever they do accord-
ing to instructions laid down, 78.

Army, debt and credit of whole army, 79,
188, 189, 337.

— ^-— rejoice at their lots yielding \2d, per
acre, &c. See Lands, value of.

lands belonging to their security to

be distributed by their own trustees, 85.
ordinance for more equal division of

lands to ; an instrument of lands so set out
to be enrolled in the Court of Chancery,
which is to be for ever conclusive, 86.

agents for the division of the province

of Munster petition to have their provin-
cial and collateral security, 89.

Council books of, still preserved, 830.

address of, relative to Iveragh and

Dunkerron, 91.

agents of Leinster and Ulster, having

fuled in an attempt at an accommodation
with those of Munster, insist upon the
terms of the Act, 101.

agents of Munster, proposals of, to

those of Leinster and Ulster, rejected by
them, 102.

stoppages from, to pay Dr. Petty the

balance of his account, 157-160, 334.

collection fell short of doing so, 161.

order to consider why the balance can-

not be raised, and how Dr. Petty may re-
ceive satisfaction, 161.

report on above, and proposing an ad-

ditional allowance to Dr. Petty for collect-
ing the amounts due, &c., and thereupon
to acquit the Commonwealth, 162, 334.

order made on above, 163.

too much paid by certain colonels of.

their lawful attorneys, to have arrears sa- |

for survey, refunded to them by Dr. Petty,
but claimed from the CoundU as due to
him, 164.
report of auditors on above, 165.

( 40S )

Army, order to repay same to Dr. Petty, 166.

— — — agents of, assent to rules and agree-
ments concerning the proceedings of setting
out lands to the army by the commissioners
appointed for that purpose, 197, 202. See
Commissioners appointed for distribution
of lands.

disbanded in 1653 and 1655, baronies

set out to, in an imperfect manner, 185,389.
■ amount paid to, in Leinster andUlster,

187.

extent of lands disposable to, 216.

— ^— arrears of leL per acre due by, to
Dr. Petty for survey, remitted on purchase
of lands by him, Dr. Petty being answera-
ble for any payments made by the army
after this agreement, 219, 334, 344, 348.
officers of, petition the Lord Lieu-

tenant and Council, stating their arrears
remain as yet in part unsatisfied, praying a
committee may be appointed for auditing
the proceedings of the commissioners for
setting out lands to the army, and that they
be put in joint possession of the survey-
books, maps, &c., 264.

committee appointed accordingly ; to

be assisted by seven persons nominated by

the petitioners, 266, 268, 270.

this commission not considered satis-

factory by some, 266. See also Soldiers.

Amopp, Lieut.- Colonel William, 4, 7, 12,
30, 39, 89, 93. 265.

Arra Survey, documents of, 55.

Arrears for services before 1649, committees
appointed for examination of, 70, 317.

when forfeited to be lost, 89.

Artists, report of committee of ^ auditors
and surveyor-general's report on, and pro-
posal of another advance to Dr. Petty, 159.

committee of, duties performed by,

in examining and checking the survey, 168.

Artists to be paid by the chain and angle, 45.
objections by old surveyors to employ-
ment of untrained hands nearly removed, 80.
trained by Dr. Petty, 17, 316, 321.

Ascue, Sir George, 349.
Auditors-General, 150, 151, 164, 165, 268,

274, 295.
Axtell, D., 73, 75, 76, 79, 92, 101.

B.

Baldwin, George, 52.

Ballintoy possessed by Dr. Petty, 260.

Ballyboy lands, possession of, by Dr. Petty,
enumerated among the charges preferred
against him, 299. See also King's County.

survey of, 62.

Ballybret, survey of, ib,

Ballycowen, survey of, ib.

Bampfield, Tho., 289.

Barefoot, Robert, 244.

Barker, William, 243.

Baron, Lord Chief, 134, 135, 149.

Baronies, and lands lying in, to be distin-
guished on the maps, 25.

out-meres of, to be surrounded,

&c., 47.

some not now recognised as, 326.

names of, provision for, if returned

incorrectly, 322.

Baronial and parish bounds would not be
preserved by surveying forfeited and pro-
fitable lands only, 8, 313, 322.

.^-^— instructions relative to surveying of,
49, 322.

Barrington, Thomas, 196.

Barrow, Colonel, 30, 39, 79, 89, 180.

complaints of, against Dr.

Petty, 81.

Basill, William, Attorney- General, 167, 206.

Bate, George, 244, 269.

( 4o6 )

Beaufort's map of Ireland, 347*

Bennett, Jo., 181.

Benyor, Gabr., 243.

Betters, Ffrancis, ib.

Blackwell, John, 156, 160.

Samuel, 243.

Blaeu, Irish maps bj, 346.

Boazio, Irish maps by, ib.

Bockat, Sarah, 244.

Bofin (Buffin) Isle, army serving in, arrears
due by, for survey, 1 62, 334.

Bolton, Ffrancis, 73, 76, 80, 93.

Boncle, John, 243.

Boyce, Mr. Nathaniel, 79, 80.

Books of reference, Mr. Worsley's instruc-
tions to Dr. Petty relative to, 36.

one of, described by Mr.

Worsley, remains in Record Office, 325.

resolves of general council

of agents for Mnnster still preserved in
Record Office, 330.
size of, nineteen reams of

paper being used in perfecting three, 1 24.

plots and maps received

from Dr. Petty by surveyor-general, and
delivered into Exchequer, 183, 326, 335.
of surveys also made by commissioners

for distribution of lands, and former books,
names of, reviewed by commissioners, 194.
of survey, copies of, received as evi-

dence in courts of justice, 296.

Boundaries, 320 ; difference of, to be noted,
whether wall, river, &c. ; together with all
permanent objects, as churches, &c., noting
profitable and unprofitable, arable, &c., 47>
48, 50, 313, 322. See also Meresmen.

Brandon, Gil., 243.

Brayfield, Lieut.-Colonel, 30, 299.

Bribes said to be given to Dr. Petty, 298.

Bridgman, Orlando, 251, 252.

Brisco, Thomas, 244.

Brudenel, William, 52.

Burroughs, Jo., 243.

Bury. William, 134, 135, 166, 224.

C.

Cambell, Jo., 180.

Camby, Sol., 78, 76, 79.

Carbury, West (Cork), rents in, 77.

Carey, widow and children, debentures of,
260, 271, 272, 275, 342, 343.

Carlow (Catherlogh), 107, 108, 183.

Id. per acre to Dr. Petty for ad-
measurement in, 103, 107, 332.

surveyed, without the aid of civil sur-

vey, at great additional cost, &c., 124, 131,
132, 154.

value of land in, 134-136, 332.

cost of survey, allowed to Dr. Petty,

151, 333.
Carterette, Dr., 4, 7.
Cartrons. See Plowlands.
Cary barony, 195, 338.
Castles, dwelling-houses, weirs, mills, &c., to

be shown. See Towns.
Cavan town (Caveine), property in, possessed

by deputy surveyor-general, 260.
Certificates, legal opinion as to registering

of, 256.
Chancery, Court of, enrolment of lands in, 88.
Cheyne, Cha., 243.
Chilbingworth, Roger, 244.
Church lands Id. per acre to Dr. Petty for

survey of lands in, 103, 107, 332.
-^— and Crown lands, survey of. See

Crown Lands.
or lands not for-

feited, not at present to be surveyed, 6.
^— — — cost of survey of.

313, 316, 331,332.

glel;e, and mensal lands, to be sur-

rounded, whether small or great, 44.

( 40? )

Churchesi &o., to be noted. See Towns.

Circumferenters. See Instruments.

Civil survey and abstracts, 389 ; delay in sup-
ply of, 121, 319.

Lewis Smith's description of, of

Kerry, 100.

shows less land than Down Sur-

vey, 72.

specimen sheet of, 394.

Claims, committee of, for settlement of ad-
venturers* lands. See Committee of Ad-
venturers sitting at Grocers' Hall.

Clanmorris, 95.

Clanwilliam ; no survey of, 57.

Clare, lands in, to be set out to parties whose
lands may be assigned to Gren. Monke, 224.

Clerke, Greorge, 243, 249.

John, 31, 243.

Clerks of council, surveyor.general, and re-
gister, allowed \d, per acre by committee
sitting at Grocers' Hall, for their trouble
in distributing surplusage lands, 247.

Clonliske, survey of, 62.

Cockayne, T., 19.

Colby, Gen., superintendent of ordnance sur-
vey, foresight and arrangements of, 314.

— ^-.^— instructions of, and those of Dr.
Petty, 324. See also Ordnance Survey.

Collins, Ffrancis, 243.

-^— William, ib,

Collyer, Benjamin, ib.

Commissioners of Commonwealth of England
for affairs of Ireland, 4.

.^-— .^— lands in controversy, survey
or inquiry of, to be made by, 6 ; committee
appointed, 43, 321.

appointed for distribution of

lands, proceedings of, 185, 319, 337, 340.
queries put by, to Council, as

to how they should act in certain doubtful
or difficult cases, 195.

Commissioners, above queries referred to
agents of the army, 196.

— to hear complaints, after dis-
tribution of lands, 198.

duties of Dr. Petty and of the

other commissioners, 207.

Dr. Petty's defence of, in the

House of Commons, 296.

appointed by committee of ad-

venturers at Grocers' Hall, for settlement
of adventurers' lands in Ireland, 235.

above superseded, and Dr.

Petty alone appointed, 247. 248.

-^— ^— — for carrying out instructions

under Act of Settlement, 348.

to consider how the survey may

be expeditiously and cheaply executed, 4,
313, 319.

report of, on above, 4-8.

Committee for surveys, proceedings of, 13.

Dr. Petty's remarks on report,

7-10, 313.
— -»— for removal of obstructions to the

progress of the survey, and to determine all
controversies, 43, 321, 389; report from, 46.
■^— ^.— to examine into debentures of sol-

diers who deserted, &c., before 1649, 70, 74.

for examination of survey, 107, 1 1 1 .

of adventurers sitting at Grocers'

Hall, Dr. Petty to proceed to, and confer
with, on the subject of the final settlement
of the adventurers, 228, 339 j propositions
made by Dr. Petty to committee of adven-
turers, 230, 232, 318 ; result of interview,
233. See also 353, &c.

replies and proposals

of, to Lord Deputy and council, delivered
to Dr. Petty in London, 236-248, 330, 340.
thank council for

sending Dr. Petty over, 248 ; above pro-
tested against, 249, 341 ; Lord Lieutenant

( 408 )

and council appoint Dr. Petty to arrange
same with adventurers, 252, 330 ; legal
opinions on above, 252 ; and as to whether
they are comprehended in Act of 1656,
252, 256.

Committee appointed by council for settlement
of arrears to the army yet unsatisfied ; to
act with seven persons named by parties in-
terested, 266. Seven officers nominated to
act as above ; Dr. Petty's opinion of each,
267. Dr. Petty proposed other parties,
who were nominated accordingly, 268.
They petition for parchment and clerks, to
make the book of distribution, 270.

of Irish affairs, 398.

Commons, names of persons having conmion-
jige, with proportion belonging to each to
be given, 48.

Compsy. See Slevardagh.

Connaught, distribution of land to disbanded
forces in, 73. 74, 319.

.i—— ^ lands exempted from the Irish
for garrisons, plantations near the sea, &c.,
in. See Mile-line.

value of lands in ; wood, bog, &c..

to be thrown in, 337.

and Tipperary, a well-planted

and accommodated country, 16, 316.

Strafford's survey only detailed

survey of; all of which was burned in 1711*
325.

West, description of, by O'Fla-

herty, 348.

Contracts for survey made by Dr. Petty, 63.
Contract and bond given for performance of

Down Survey, taking up of, 166, 167, 171,

172, 179, 180, 181, 183.
Conway, Phil., 154, 155.
Cooke, Justice, 39.
Coolestowne, survey of, 62.
Coot, Chudley, 12, 13, 164, 180.

Coot, Sir Charles, 10, 12, 13, 30, 70, 74, 164,
165, 180, 196, 204, 206, 265, 846.

Thomas, 265.

Corbett, Miles, 23, 141, 143, 166, 317, 333.

Cork, 107, 108, 183, 356, 368.

Irf. per acre to Dr. Petty for survey of

lands in, 103, 107, 332.

contents of baronies in examined, in

surveyor-general's office, 137.

quantity of profitable, unprofitable.

Church and Crown lands, and conunonage
in, 142, 144-146.

— distribution of land to disbanded forces
in, 73.

— lands reserved in, for his Highness and

the Commonwealth, 150.
. rents in, 77-

House, situation of, in Dublin, 317*

Corkaguiny, 94.

Corporation lands, survey of, 17*

Cox, Sir Richard, 333.

Cranagh, 89.

Cremome, 92, 102.

Crispe, Nathaniel, 243.

Cromwell, Henry, 223, 229.

Lord Lieutenant ; warrant

of, to deduct Id, per acre from army* for

Dr. Petty, 160.

Oliver, Lord Protector, change of

government sought on death of, and at-
tempt to injure family of, 258, 342.

Crowder, Thomas, 244.

Crown and Church lands, survey of, 17, 23,
25, 27, 47, 143, 147, 313, 316.

.^^— ...-^— — ^— to be admeasured
into plowlands, townlands, and cartrona,
27, 318.

— ^— i.— »— abatracts of, not

furnished, until forfeited lands were sur*
veyed, 121.
Cudmore, Paul, 165.

( 409 )

D.

Dalbe, Samuel, 243.

Darcey, Nicholas, lands of, in Duleek, set
out to Dr. Petty, 227.

Davenport, Nathaniel. See Letters.

Davis, Thomas, 73, 15, 79.

Deacon, Richard, 243.

Deane, Jos., 196, 265, 267» 270, 273, 279,
280, 282.

Richard, 158, 160.

Debentures in possession of soldiers who de-
serted or revolted before 1649, committee
to examine into, 70, 74.

— ^— ^ management of, 187, 191, 192.

to be delivered up, &c., 189.

book of, 194.

— — — sales, or alienations of, 201,205.

register-general or deputy to at-
tend at cancelling of, 201.

wholly or in part unsatisfied, or-

der of council as to how they are to be satis-
fied, 202, 204, 205, 223, 337 ; satisfied, 296.
application of Dr. Petty to coun-

cil for permission to purchase, in lieu of ar-
rear of 1 d, per acre, due by soldiers, 334»348.
purchase of, by Dr. Petty> 212,

2139 343, 344 ; approved by council to the
extent of £2000> 214, 216, 224.
l(i. in ready money as good as

Zd. in, 220.
De La Noy, Peter, 243.
DeLawne, Rich., 127, 133, 141, 143, 149, 150.
Denison, John, 73» 76-79.
Disbrow, John, 73, 75, 76, 92, 101.
Donegal, 107, 108, 183.
^— ^— contents of baronies examined, in

surveyor-general's office, 140, 142.

quantity of profitable, unprofitable!

Church and Crown lands, and commonage

in, 144-146.

IBISH ARCH. 80a 3

Down admeasurement proceeded on, 4 1 , 46,63.

and subdivision ought to

have been carried on together, 66, 68, 131.
Survey did not cost so much as former

gross surveys, 133, 327, 335, 338.

history of, 31 1, 336, 346.

of forfeited profitable lands, 14.

shows one-third more land

than civil survey, 72, 328.

ordered to be expedited, 77.

-i— ~— . extended over twenty -two

counties, admeasured field by field, and
performed in thirteen months, 85, 129.
294, 318. 331.
— ^— — date from which commence-

ment of work should reckon, 321.

legal record on which lands

in Ireland are held, 347.

other surveys not to be called

for, unless errors of more than one-tenth
be discovered, 348.

being so near an end. Dr.

Petty petitions the council to have the sur-
veys vouched, and delivered into the sur-
veyor-generars office ; describes additional
labour and trouble in surveying forfeited
lands, not included in civil survey, hoping
to be paid for such by the army and pro-
prietors ; accounts for omissions in his
survey; proposes terms for making them
good ; points out the way in which im-
peachments ought only to be admitted j
hopes the money lately paid for the gross
surrounds may be remitted, in consequence
ofhis extra services, 103, 107, 133, 136,332,
334, 348.

committee appointed to exa-

mine and see how far the survey answers
the ends of that undertaking, 107 ; report
of the committee so appointed, and system
of examination and check adopted, 108-11 1.

G

( 4*o )

Down Surrey, surTeyor-general and foar as-
sistants appointed to examine plots, books,
&Cm 111, 127 ; he details their examina-
tion, and reports omissions and defects,
and states what work remains to be done,
112-115, 126, 331. Dr. Petty explains
these omissions and defects, 115-119, 128,
331. Dr. Petty remonstrates i details his
gprievances and difficulties, and solicits ad-
ditional allowance, &c., 1 19-126, 133, 348.

■ . Dr. Petty's proposal to have

the £2054 formerly disbursed on gross ad-
measurement remitted or stopped out of
last payment, referred to committee for
consideration, 134. Above amount to be
stopped accordingly, and present account
passed without interruption, 135.

£2054 ordered to be stopped

out of amount due for survey of Limerick,
Carlow,and Wioklow, allowed to Dr. Petty,
151, 156.
particular of the contents of

the baronies examined in the surveyor-
generars office, 137*

contents of profitable, unpro-

fitable. Church and Crown lands, and
commonage in, as examined in surveyor-
general's office, 140, 144-146.

cost of, 147-149.

contents of lands measured

for, 150, 159.

manner in which payments

were made for. See Accounts.

.^_ Dr. Petty*s offer to perform it

for £1000, actual reward, 176.

three complaints only against

it within nineteen months, 176; difficulty of

dealing with complaints, 177.

— ^^— ^ documents of, received by sur-

veyor-general, and delivered into the Ex-
chequer, 183, 336.

Down Survey of Limerick, Wieklow, and
Carlow, cost and final possesrion of, 131,
132, 134-136, 151, 156, 333.

*' material passages relating

to," 314.

■ of Wexford, sheet from, 396.

See also Survey.
DubUn, 107, 108, 188, 357.

\d. per acre for survey of, to Dr.

Petty, 103, 332.

— county survey of, troublesome, and

almost endless, 43, 124, 321, 332.
Dublin, contents of baronies in, examined in

surveyor-general's office, 139.
■ quantity of unprofitable Church and

Crown lands, and commonage in, 145, 146.
land reserved in, for bis Highness

and the Commonwealth, 150.
Duckenfield, Major, 30.
Duffry in Wexford, 92, 102.
Duke, Charles, 181.
Duleek. See Meath.

lands assigned to Dr. Petty in, 226.

Dunkerron, 85, 91, 94, 102.

E.

Eames, Samuel, 243.

Edwards, James, 243, 249.

Elephant, name of building in which sur-
veyor-general's office was situated, 336 ;
probable origin of name, ib.

Eliogarty survey, documents of, 55.

Evelyn's Diary, notices of Dr. Petty in, 349.

Ewre, George, 244.

Eyre, George, 243.

Eyres, Thomas, 243, 249.

F.

Fairies, ghosts, and walking spirits, 209.
Ffarrell, Charles, 243.

( 411 )

Ffarrington, Cadwall. 243.

Pfassadyna, 73.

Fflesher^ John, 244.

Ffews, 89, 92, 102.

Ffield, Thomas, 244.

Ffinch, Henry, 251, 252.

Symon, 180.

Ffleetwood, Lieat- General, logo to Ireland,
instead of M. G. Lambert, 1, 318.

Ld. Deputy, 157,158,255, 295, 301.

Fflower, Lieut.- Colonel, 101, 267, 269, 273,
274, 277. 279, 280, 282, 298.

Ffox, Charles, 244.

Ffractions, West, 95.

Ffranke, John, 181.

Ffranklin, Richard, 92, 101.

Robert, 79.

Ffreind, Jo., 181.

Field-books, instructions for check, &c., of, 49.
■ methodical, 17.

-^— work, foot-soldiers to be trained for*
See Soldiers.

Fisher, John, 243.

Fishing, and sea, advantage of in Kerry, 92.

Fore. See Meath.

Forfeited lands, made available for satisfac-
tion of adventurers and soldiers, and other
public debts, by Acts 17 Charles L, and
26th September, 1653, and other Acts, 23.
See also Commissioners.

-^^— .-»— surveyors may summon juries,
and examine upon oath, to ascertain them \
commissioners of revenue also to assist, 5,
319.

original instructions for sur-

vey of, 5.

boundaries of, only to be sur-

veyed, 6, 313.

— — — to be surveyed with the instru-
ment, as well as Crown and Church lands,
into townlands, plowlands, cartrons, or

3G

usual denominations, woods, bogs, parishes,
&c., also to be given, 27, 313, 317, 318,
337. 392.

Forfeited lands, measured, but not disposed of,
in Dublin, Carlow, and part of Cork ; to
be paid for by the State, 27, 317*

■ abstracts of, to be furnished

to Dr. Petty, or his agents, by the com-
missioners of civil survey, 40.

whether small or great, to be

admeasured, 46.

profitable from unprofitable, to

be distinguished, ib»

unprofitable to be admeasured

according to baronies, when in parcels of
above 500 acres, 47*

belonging to delinquent pro-

prietors to be returned ; and others to be dis-
tinguished on barony plots by colours, 47.
belonging to one person, ex-

tending into several baronies, to be distin-
guished, i6.

in Kerry, Wexford, Tyrone,

Londonderry, one-half Kilkenny, and Ki-
nalea, Kerricmrrihy, East and West Car-
bury, rents in, belonging to the Common-
wealth, to be reserved, 77, 150.

cost to the State for survey of.

per 1000 acres, 126, 143 ; and cost paid by
army, procured by Dr. Petty, 126,

rents and profits of, allowed

unto the army until they should be divided
and laid out by the Down Survey, 170.

applications to join the lands

of several small debentures together sub-
mitted for order of council, 187.

petition of officers, &c., stat-

ing they cannot be in possession of, without
certificates from two of the council, under
their hands and seals, 180, 205, 206.
difficulties in distribution of, 184.

( 4" )

Forfeited lands, commissionen appointed for
distribution of^ among officers and soldiers,
185, 319, 337, 340.

stringing and lotteries of. Seg

Lotteries.

narrative of all the proceed-
ing's relating to the setting forth of lands
by commissioners* 191.

extent of, remaining after dis-

tribution, 296. See also Lands.
Fowke, Jo., 79.
Alderman* and Mr. George Almery,

anonymous letter addressed to, in London*

cautioning them against Dr. Petty. See

Letters.

G.

Galland* Jo., 92, 101, 196.

Galmoy, 89.

Galway and Sligo, Strafford's surrey relating
to, contents of, 57-

Strafford*8 maps of, doubted if ever

made ; estate maps in possession of families
in ; few surveys of, made by Dr. Petty ; ex-
cept of towns, none remain in Record Office,
county map of, subsequently engraved by
Dr. Petty ; difficulty of establishing title
for the King in, 325. Specimen sheet of
Strafford Survey of a parish in, 393.

Garrisons, 75.

Geometrical Survey. See Survey.

Gibbon, Ffrancis, 76.

Glanneroughty, 85, 93, 94* 102.

county Kerry, lands assigned

to Dr. Petty in, 226.

Glascocke, George, 244.

Godfrey, John, 80, 89, 93, 243.

Goodman, William, 243.

Goodwin. Robert, 23.

Samuel, 31.

William, 243.

Gookin, Vincent, 86, 224, 226, 227, 266, 273,

274, 276, 282, 289, 343.
commissioner for distribu-

bution of land, 185.
Gore, FfrancU, 73, 75, 76, 79, 92, 196.
Gorge, Robert, auditor-general, 150, 164.

Dr., 26L

Gough, Mr. Christ, 152, 154, 155, 188, 216.

Gower, Thomas, 243, 249.

Gowran, 73.

Greenesmith, Jo., 243, 249.

Groats. See Advancements and Abatements.

Gross survey, 68, 359.

only a few fragments remain, 313.

specimen sheet of, 395.

Gualtier, 89.
Gunston* William, 243.

H.

Hall, Godfrey* 243.

Jo., ib.

Hand, James, 265.

Harbours' mouths, in sea or navigable rivers,
width of, by intersection, to be given ; sixe
and distance of islands or rocks* the place
of the bar, soundings, anchorage, course of
channels, sand-banks, &o., to be noted, 48*
123, 323, 324.

Hardiman, Mr., description of adventurers,
&c., by, 319.

-^— ^— ^— preserves Dr. Petty's efforts
at collecting topogpraphical memoirs, 348.

Hawkes, Henry, 244.

Heiden, William, 79, 89, 93.

Herbert, Thomas, clerk of council, 12, 22,
35, 39, 43, 64, 65, 77, 87, 108-110, 134-
136, 149, 151, 152, 154, 157, 161, 164, 165,
167* 168, 170, 172, 183, 188, 203, 205, 206,
214, 222, 252, 261* 266, 268, 274, 277, 279.

^— -^^— — ^ secretary to commissioners
of Commonwealth, 4, 7, 54.

( 413 )

Hew80D» Colonel^ 4, 12, 30, 39, 107.

Hiecockfl. William, 243, 249.

Hide. Mr., 252, 257.

Hieron, John, 244.

Hill, FfranciB. 243.

Historical papers collected by aod preseryed
in Survey Office. See Ordnance Snryey.

Hodges and Smith, manoscripts in possession
of, 334, 341.

Holland, John, 243, 249.

Hopkins, Wm., 127, 133, 141, 143, 149, 150.

Hudson, Thomas, 244.

Humphreys, John, and Lewis Smith's diffi-
culties in surveying Kerry. See Kerry.

Humphrey, John, 244.

Hurd, H., 73, 75, 76, 80, 92, 101. 196.

Hutchinson. James, 73, 75.

Richard, 243.

I.

Iffia and OfTa, no survey of, 57.

Ikerioe, survey documents of, 55.

Ileagh, survey documents of. t6.

Ingoldsby, George, 180.

Colonel Sir Henry. 69, 76, 79,

164, 165. ISO.

Instructions for survey, 63, 313, 391.

impediments in carrying out of,

to be noted, 50.

Instruments made in Dublin, 17, 316.

needles of compasses. 17«

little magnetic variation in Ire-
land in year 1657, 323.

chains, scales, and protractors.

to be often examined. 49.

pawned by surveyors, 122.

taken by Tories, 125.

^— — seven soldiers and a corporal to

attend each, 45.

&c., supplied by Dr. Petty to the

surveyors, 53.

Iraght Icannor, 95.

Ireland to be declared a member of the Com-
monwealth, and enjoy free trade with Eng-
land, 70.

more charged on it than one-half as

much more land would pay, 82, 343.

Islands. See "Lands no Surrounds*' and
" Harbours."

Iveragh, 44, 85, 91. 102.

J.

Jackeson, Mr., of Limerick, payment to, 51 .

Jammick, Hugh, unsatisfied debenture of, 223.

Jenner, Thomas, 244.

Jeoffirys, Mr. Robert, 268, 274, 276, 282.

Jeoner, Jo., 73, 76.

Johnson, Henry. 198.

Jones, Dr., 39.

Henry, 89, 180.

Major, 30.

Thomas, 79.

Scout, Mr. Greneral, 30.

Colonel, revolt under. 70. 74.

Theo., 92.

Juries. See Sherifis.
Juzon, Thomas, 243.

K.

Kerricurrihy, East, rents in, 77.

Kerry, rents in, ib.

drunken surveyors in, &c., 80.

nimiber of profitable and unprofitable

acres in, 84.

Dr. Petty's explanation relative to

survey and value of, &c., i6.

address of army agents for Leinster

and Ulster, proposing that Iveragh and
Dunkerron may not be laid aside, but di-
vided like the other parts of Munster. 91.

( 414 )

Kerrjx address of Manster agents on the sub-
ject of these baronies andof Glanneroughty.
93. See also 102.

defects in Munster lots pieced out of,

&c., 193. Amount to be satisfied in, 196,
202, 203.

Lewis Smitb*8 description of the survey

of by himself and John Humphreys, 89,
93 ; delay in the subdivision of ; difficulty
of fixing profitable portions and of mak-
ing their instructions applicable to this
county ; complaint as to remuneration, &c.y
101.

— plowlands in, laid out so as to make them
equal in value to each other, 96 ; most part
of, not worth the quit-rents, 98.

— lands in, should be distributed according
to value, not according to acres, 97*

— Dr. Petty*s opinion of above, 102, 830.

— contents of baronies in examined, in

8urveyor-general*s office, 107, 137i 183.
quantity of profitable, unprofitable.

Church and Crown lands, and commonage
in, 114.

— difficulties of distribution of lands in, 187.

— satisfaction of Majors King and Ormsby
in, 195.

lands in, assigned and set out to Dr.

Petty in Kilmore and Toysista, 226.

Dr. Petty accounts for selecting lands

in, 281, 287.

— survey of lands in, 259.

— desolate in consequence of Desmond
wars in, 330.

instructions of Dr. Petty to Mr. Cheesey

relative to his property in, 401.
Rilcoursey, survey of, 62.
Kildare, 107, 108, 183.
contents of baronies in examined, in

survey or-general*s office, 138.
quantity of profitable, unprofitable,

Church and Crown lands, and commonage

in, 144-146.
Kildare, valuation of incumbrances in, 199.
proposal that it be distributed among

adventurers and soldiers, 246. See aUo

251, 337.
surveyed without the aid of civil sur-

vey, 332.
Kilkenny, 107, 108.
contents of baronies in examined,

in surveyor-general's office, 138.

quantity of profitable, unprofitable.

Church and Crown lands, and commonage

in, 144-146, 183.

distribution of land to disbanded

forces in, 73.

— — - commission under the Act of Satis-

faction, for surveying of lands in, 382.
Kilmore, lands assigned to Dr. Petty in,

226.
Kilnelongerty, Strafford's survey, docnments

of, 55, 62.
now included in Kilnemanagh,

326.
Kilnemanagh, Strafford's survey, documents

of, 55, 62.
Kinalea, rents in, 77*

King, Mr. R., 180, 224, 274, 276, 282, 343.
King's County, 92.
. survey for Dr. Pet^ by Dr.

Patrick Ragget, 62.
— — — early survey of, 346.
— — — ^— contents of baronies in, exa-

mined, in surveyor-general's office, 138.

quantity of profitable, unprofit-

able. Church and Crown lands, and com-
monage in, 144-146.
King's County, lands assigned to Dr. Pet^
in Ballyboy; extent and price named, 215.
■ articles and agreement relatire

to, 216.

( 4IS )

L.

Lambert, Major- General, designed for go-
vernment of Ireland, 1.

Lands of rebels. Act under which they are
declared forfeited, 317 ; and contributions
secured on, 318.

. in controversy, survey, or inquiry of» to
be made by commissioners, 6, 43, 321.

.^— . profitable and unprofitable, Act did not
prescribe any rule for distinguishing of,

6,7.
profitable and unprofitable, arable,

meadow, and pasture, wood, bog, and

mountain, to be distinguished, 13, 14, 24,

313, 337.
to be surveyed and admeasured into the

smallest denomination of known bounds, 14,

24,27.
no surround to be made of less than

forty acres, unless some islands in rivers,

loughs, or bogs, 14, 24, 321.
to be surveyed according to prpprieties

and denominations ; no surrounds exceed-

ceeding 350 acres, 44.
in three counties laid apart for cau-

tionary security towards arrears due before
1649; lands in lieu may be taken from
Connaught, exempted from the Irish, for
garrisons, plantations near the sea and
Shannon, 75, 318. See also Mile Line.
— complaints that unprofitable were
thrown in as profitable, 70, 80, 329.

profitable and unprofitable, 78 ; one acre

of the latter thrown in with every eight of
the former, 81.

— probable correctness of above, when
compared with modern documents, 329.
value o( soldiers rejoiced at their lots

yielding \2d. per acre; some lots worth VZd.
a year, others 6s., 82.

Lands liable for the arrears, except Wicklow,
Longford, and Donegal, to be distributed
according to Dr. Petty*s survey, 86.

.. profitable and unprofitable, Lewis
Smith's interpretation of meaning of, under
the Act, 98.

-»— reserved for Commonwealth, 77, 150.

_ doubtful or incumbered, or where there
is no certainty as to whether they are for-
feited or not, to be respited, 188.

distribution of, arrangement as to the

overplus or deficiency ; disputed profi-
table or unprofitable ; exchanges or re-
prisals ; collusions or abuses ; disposal of
scraps and remnants, 190 ; Church lands,
&c., 193.

dubious, disposal of, 199, 208.

incumbered, rates of letting and boxing

for, 200, 328. See also Lotteries.

distributed in 1655, mistakes in sales or

alienations of, 201.

— order of council on above lands, 202.

— cessation of claims on, until accounts be
perfected and lands received by disbanded,
&c., in 1653, be returned by the surveyors,
&c., 201, 205.

— distributed in 1655, where more than a

due proportion has been allotted, same to
be rescinded, 204.

purchase of, by Dr. Petty. See Petty,

Dr. See also Forfeited Lands.

Lawrence, Colonel Richard, 12, 30, 47. 81, 89,
93, 107, 204, 206, 265, 267. 269, 273. 277,
279, 280, 282, 331.

Lawson, William, 244.

Leader, Richard and David, 243.

Leigh, James, 181.

Leinster, Orier and Ffewes drawn with, as
security, and divided, 89, 90.

i.^-.. contributions towards quelling rebel-
lion secured on, 318.

( 4i6 )

Leinster, western division of, agents of, re-
quire books, maps, debentures, &c., 189.

-^— five-sevenths cannot be so well satis-
fied in, as in Munster, 193.

and Ulster, allotment of, 6, 79, 195.

rates of satisfaction received by sol-

diers in, 196, 328.

value of lands in, wood, bog, &c., cast

in, 337.

and Ulster, price paid by Dr. Petty

for 3000 acres of lands in, 288.

Letters, anonymous, to Alderman Fowke, Dr.
Petty, and N. Davenport, Esq., &c., con-
taining serious charges against Dr. Petty ;
latter intercepted and delivered to Lord
Lieutenant, 229, 257, 262, 340.

Lewin, Edmund, 243.

Limerick, surveyed at great ad^tional cost,
through neglect of commissioners of civil
survey, 131, 132, 134-136, 154.*

value of lands in, 135, 151.

payment for survey of, to Dr. Petty,

156, 333.
instructions under the Act of Satis-

faction to surveyor for, 386.

North Liberties of city of, lands in,

set out to Dr. Petty, 225, 340.

did by law belong to Wexford lot, 285.

statement as to how Dr. Petty be-

came possessed of, 260.

possession of by Dr. Petty enumerated

among the charges before the House against

the Doctor, 299.
Lincolne, Thomas, 243.
Linne, Samuel, 244.
Lloyd, Charles, 243, 249.

Rice, 52.

Londonderry, 107> 108, 183.

geology of. iSee Ordnance Sur-

Londonderry, contents of baronies in, ex-
amined in surveyor-general's office, 140.

— ~— ^— • profitable and unprofitable.
Church and Crown lands, and commonage
in, 142, 145, 146.

early survey of, 846.

Long, Thomas, 180, 265.

Longford, contents of baronies in, examined
in 8urveyor-general*s office, 138.

quantity of profitable and unpro-
fitable, Church and Crown lands, and com-
monage in, 144.

■ distribution of land to disbanded

vey.

rents in, 77*

forces in, 73, 86, 107, 108, 188, 184.
Lord Lieutenant, 252. 262, 266, 268, 279,

291, 295.
Lotteries oflands to army, 188, 189, 190,328.

legal opinion as to, 253.

Louth, 170. 184, 195, 203. 207.

distribution of land to disbanded

forces in, 73, 337.

except Atherdee ( Ardee) to be added

to the list of redundant baronies, 237*

proposal to have land of reserved for

adventurers only, 246, 250, 318.

Lowe, William, 92, 101.

Lucas, Edward, 52.

Magnetic variation. See Instruments.

Magunnity in Kerry, 95.

Malahide Castle, length of time in possession
of the Talbot family, 317.

Mansell, Jo., 80, 181.

Maps, plots, and books of reference already
made to be allowed for by Dr. Petty.
15.

of baronies and counties to be made by

Dr. Petty, 315.

•^— plots, and books of reference of all par-
cels and subdivisions to be returned to sur-
veyor-general ; plots to be on scales named,
14, 25, 49, 324, 335.

( 417 )

Maps to be supplied to soldiers where required,
but not of less than 1000 acres, 14, 24.

delivered accordingly, 183.

—~^ description of, so delivered, 323, 326.

-»— of Ireland, engraved on copper by Dr.
Petty, on such scale as to keep each barony
on a sheet of paper, 323, 324. See Plots.

alone, not a survey without topographical
memoirs, 347. 348.

of Ireland previous to Down Survey, 346.

Markham, H., 31.

Meath, surveys under forty acres numerous
in, 43, 321.

■ contents of baronies in, examined in

surveyor-general's office, 139.

quantity of profitable, unprofitable.

Church and Crown lands, and commonage
in, 144-146.

lands set out and assigned to Dr. Petty

in Duleek, Fore, and Rathoath, 215.
— articles and agreement relative to.

216.

■ lands set out, &c., to Dr. Petty in

Duleek, formerly the property of Nicholas

Darcey ; extent and terms of, 226, 227*
Medicaments, a saving effected by Dr. Petty

in cost of, 1 , 2.
Melhvish, Mary, 243.

Memoirs, descriptive, by Dr. Petty, 323, 348.
effort to publish, with Ordnance

survey maps. See Ordnance Survey.
Meredith, William, 198.

Sir Robert, 298.

Meresmen, 49 ; marksmen, chainmen, &c.,

employment of, and wages paid to, 35, 324;

officers and soldiers to assist, 39, 40, 320.
Merricke, Jo., 244.
Methwold, William, 243.
Midethwait, Nathaniel, 243, 249.
Middlethird, 89.
.1 no survey of, 57«

IBiaH ARCH. 8oa 3

Mile-line around the coast of Connaught ;
Irish excluded from, 75, 225, 318, 356.

Monck, Henry, 154, 155, 346.

Colonel, 70.

Moncke, General, equivalent for lands of, set
out to Dr. Petty, 224, 281, 285.

Moore, William, 92.

More, William, 73.

Morgan, Sir Anthony, 79, 86, 107. 108, 109,
111, 187, 263, 265. 267, 270, 273.

William, 52.

Morris, William, 73, 80, 89.

Mosse, Thomas, 73, 75, 76.

Mosyer, Jo., 247, 249, 252, 257.

Mountains, height of, to be measured in feet,
describing them and giving their names and
true places, 48, 123, 346.

Mullineux, Captain, 12, 107> 108, 111.

Mulrian. See Owny Mulrian.

Munster, 79.

. contributions towards quelling re-
bellion, secured on, 318.

petition to have security left with

soldiers, viz. Cranagh and Gdlmoy, drawn
with, as security, and divided; Gaultier and
Middlethird not divided, 89, 90.

■ further division of, by commis-

sioners for distribution of lands, 191 ; man-
ner in which performed, 193, 195.
—.-i— value of lands in ; wood, bog, &c..

cast in, 337.

legal opinion as to distribution of

land in, by committee of claims, beyond the
value of £1 10,000, 253.

N.

Names of places, true names to be ascer-
tained, 48.

■ ■ barbarous and uncouth names ordered
to be changed, 326.

( 4i8 )

Names, mode adopted for aseertaining cor-
rect names for Ordnance Sarvej, 326.

on Ordnance maps might with adran-

tage be made general, 827.

Nataral History, moaeum of. See Ordnance
Survey.

Needles, variation of. See Instruments.

Nelson, Jon., 73, 75, 76, 79, 92, 198, 265.

Newoomen, Robert, 19.

Norden, Irish maps by, 346.

Norman, Robert, 243

Notes, 307.

O.

O' Flaherty's Description of West Connaught,
edited by Mr. Hardiman, efforts of Dr.
Petty preserved in, 348.

Orders of council, legal opinion as to effect
of, 255.

Ordnance Survey, superintendent of, possess-
ed many of the qualities of Dr. Petty, 314.

instructions for, very si-
milar to those for Down Survey, 324.

object of, &c., differing

from Down Survey, 347.
index maps of counties

made on such scales as would bring each
within a sheet of paper, 324.

plan adopted in establish-

ing orthography for, 326.
boundaries of, recognised

by Acts of Parliament, 327.

historical papers collected

during the progress of, and still preserved
in Ordnance Survey Office ; memoir of
Templemore ; geology of Londonderry ;
museum of natural history, &c., 348.

Orier, 92.

Ormond, Duke of, 344.

Upper and Lower, survey docu-
ments of, 55, 62.

Ormsby, Robert, 73, 76, 265.
Orphans. See Widows.
OrteliuA, Irbh maps by, 346.
Orthography. See Names.
Ossory, Upper, 92, 102.
Owen, Captain George, 164, 165.

Henry, 76.

Thomas, 244.

Owney and Arra, surrey documents of,

62.

Ownybeg, survey documents of, 55, 62.

•— ^— ^— survey of, not charged in Dr.
Petty*8 account, but subsequently claimed
by him, 164. Report on, 165. Order to
pay the amount, 166.

in County Limerick, 166.

Owny Mnlrian, survey documents of, 55.
— — ^— now included in Owny and

Arra, 326.
Ozmantown, Captain Sands* house in, said to

be given as a bribe to Dr. Petty, 298.

P.

Palmer, Jeo., 251, 252.
Papists, affection of, 186.

employment of, objected to by Mr.

Worsley, and explained by Dr. Petty, 20^ 1 7.
Peaker, Tobias, 181.
Pepys, Richard, 224, 228, 229.

diary, notice of Dr. Petty in, 348, 349.

Perrott, Jo., 243.

Petty, Dr., advised to go to Ireland, 1.

^^—.— physician to the forces, Lieut.- Gen.

Fleetwood and family, in Ireland, 1, 31 1.
— offered to refund four or five first

years* salary, if allowed the lowest usual
reward for his services as physician, 2.
— — * reasons for undertaking the geo-

metrical surveys, 3, 311.

proposal that the lands be surveyed

down, recommended, 12, 312.

( 4^9 )

Petty* Dr., prbposal to admeasure forfeited
lands, if protected against Tories, and sup-
plied with bounders, &€., for £30,000, or
£6 per 1000 acres, 7, 9, 313. Above taken
into consideration, 13; 314.

— — — proposal to survey Crown, Church,
and corporation lands, 17, 316.

advances to, 22, 27, 28, 30.

remarks upon cost of present and

previous survey, compared with a fictitious
proposal, by which Dr. Petty was to be
allowed £2000, and pay for fifty soldiers
for thirteen months, 45, 46.

agreement made with, to be con-

sidered ; also the soldiers' proportion of
pay to be made to him, and how same may
be reimbursed to treasury, and how money
to be paid to Dr. Petty may be obtained, 64.
Se€ alto Agreement.

reply to the complaints, that the

fixed scale of payment induced him to re-
turn too much as profitable, 80, 81, 329.
in much credit with army and

council, and appointed for distributing

lands, 102, 185, 207, 348.

^— remuneration to, for above, 340,

344,348.

■ account of his proceedings ; appli-

cation to be paid for survey, 103.

sureties, application to have them

released, 129, 335.

. accounts of. Se€ Accounts.
— — ^ duties which lay wholly on, 207*

secretary to Lord Lieutenant and

clerk of the council, and members of Par-
liament, 208, 209, 273, 289, 293, 342, 345.
— — . considered the Robin Goodfellow

and Oberon of the country, 209.
— ^ accusations against, ib.

dealings of, in lands and purchas-

ing of debentures by, 210, 212-214, 216,

3

222, 223, 272, 280, 333, 334, 337-340,
342-344.

Petty, Dr., debt due to, by soldiers on lands
undisposed of, 212 ; same sanctioned, 214.

lands set out and assigned to, in

King's Co., Co. Meath, and province of
Ulster, 215, 216, 218, 219, 226; in North
Liberties of city of Limerick, 225, 340, 343,
344 ; in Co. Kerry, 226, 340 ; and Ballintoy,
260, 334, 338, 339, 343.

— ^— — lands set out to, in consideration of

the debenture of Hugh Jammick, 223.

anonymous charges against, ad-

dressed to committee sitting at Grocers'
Hall. See Letters.

appointed to act as sole trustee for

committee of adventurers sitting at Grocers'
Hall ) three half-pence per acre to be paid
to for duties named, 247, 330; also ap-
pointed by Lord Lieutenant and council
as requested by above, 252.

several attempts and stratagems

to injure ^ proposed to be put in command
of a troop of horse, believing, as he was
no soldier, he should soon be disgraced,
257.

reports relative to, in England and

Ireland,-263, 341.

rides night and day from London,

and returns to Dublin, having encountered
the greatest storm that ever was known, 268.
petitions to have further arrears

due to him satisfied with land, 272; petition
referred to committee named for report,
273, 342 ; some of the committee report
upon the debt accordingly, others refuse to
sign it, who subsequently request time to
sUte their exceptions, 274, 276, 277» 342.
petitions for reward for his services

as commissioner for settmg out lands to the
army, 276, 348.

H2

( 420 )

Petty, Dr., petitions stating the abore excep-
tions are only intended to ruin and disgrace
him^ and hopes the case may be put in snch
a way that after thb trial he may not be
subjected to more molestation, &c., 278,
342.

ordered that the committee pre-
pare their charges in writing, 279 ; com-
mittee complain that Dr. Petty refuses to
show them maps, books, &c., 280 ; commit-
tee state their exceptions, 280, 281, 340.

repUes to the several charges, 280 ;

and furnishes an account in detail of debts
due him ; prices at which lands were pur-
chased by him, &c., 280, 343.
summoned to attend the House to

answer certain charges of misdemeanours,
frauds, and breach of trust preferred against
him by Sir Hierome Sankey, 289, 345.
answers before the House to the

several charges, 292, 345.

details the duties he performed in

Ireland ; the amount of money he received ;
his dealings in debentures and lands; de-
fends his acts as a commissioner, and the
acts of the other commissioners for dis-
tribution of lands ; describes his accuser,
attributes the accusations to malice, &c.,
and seeks the protection of the House, 292.
Sir Hierome Sankey replies, accuses the
Doctor of receiving bribes in money, a
house and lands; names the parties and
localities ; and that he gave in a duplicate
of Strafford*s survey as the Down Survey;
and did not put into the Exchequer certain
maps and documents, 298.

explains relative to maps, 300 ; or-

dered that the Lord Lieutenant and Council
do dispose of those papers according to
law, 300; the House dissolved, and Dr.
Petty returned to Ireland, 301.

Petty, Dr., employed to carr^ to Parliament
the lord lieutenant's letter resigning the
lord lieutenancy, 301.

Colonel Sankey presents to the next

meeting of Parliament charges of high mis-
demeanours, frauds, breach of tmstSi and
several other crimes, 302, 345.

accused of unjustly possessing him-

self of many of the chiefest places and seats;
of obtaining large amounts of money and
debentures under several pretences ; of
delaying payments to his surveyors until
he forced them to a compromise; and that
he retained maps, books, &c., of the survey
instead of depositing them in the Exche-
quer. The above charges ordered by Par-
liament to be referred to the commissioners
for managing the government in Ireland,
307, 345.

works by, 314, 334, 348.

— ^-. petitions the King for assistance to

make a general map, 323.

avails himself of means and men

about him, 323.

communication with Sir Robert

Southwell and Sir Richard Cox, 333.

power given to, after Restoration,

for levying 1 d, per acre where due, 334, 348.

amount of pence due to, 339.

duplicate of will, notice of, 341.

coacljutors appear also in book of

dbtribution as possessors of land, 343.

suit of,againstDuke of Ormond,344.

personal character of, 344,347,349.

maps engraved by, 347.

only portrait of, ib,

notices of, in Pepys' and Evelyn's

diaries, 348, 349.

an early and distinguished member

of Royal Society of London, 348.
■— ^— notice of his double ship, t'6.

( 4^1 )

Petty, Dr., one of the commissionerB for car-
rying out inBtractions of Act of Settlement,
348.

— — encouraged by Act to finish the
mape, 848.

— ^.^-^ knighted at Whitehall in April,

1661, 349.

petitions of, to the King, 398-400.

Phayre, Robert, 92, 196, 198.
Philiipstowncy survey of, 62.
Pike, Edward, 244.
Plots. See Books of Reference.

still in Record Office, 324.

of baronies to be reduced to sucb scale

as to fit on one sheet of paper, 49, 324.
-»— or protractions, instructions relative to,

49, 50, 324.
Plowlands, townlands, and cartrons. See

Crown Lands, Kerry, and Forfeited Lands.
Ponsonby, John, 181.
Pope, Andrew, 244.
Preston, Ric, 101.

Robert, 73, 75, 76, 80, 92, 180, 196.

Prittie, Henry, 73, 180.

Protestants encouraged to plant and inhabit

Ireland, 184, 359, 364, 380.
.— ^.^-^ claims of, 186.
Protractors, Mr. Worsley proposes they

should be paid by the State, 21.
— — » instructions relative to, 49, 324.
Purefoy, Art., 180.
William, 92, 101.

Q.

Queen*s County, contents of baronies ex-
amined in surveyor-general's office, 138.

— — ^— — quantity of profitable, un-
profitable. Church, and Crown lands, and
commonage in, 144, 145, 146.

^— ^^— -»— early survey of, 346.

R.

Ragget, Dr. Patrick. See Tipperary.

Ratcliff, Hu., 249.

Ratoath. See Meath.

Rawlins, J., 92, 101.

Rebels. See Lands of.

Read, Jo., 180.

Record commission, reports of, description of

adventurers, &c., in, by Mr. Hardiman, 3 1 9.
Office, papers of Down Survey in, 314,

323, 324, 325, 333. See Appendix.

•Tower, petitions of Dr. Petty preserved

in, 326, 348. See Appendix.
Records, &c., of forfeited lands, order of

council for Dr. Petty to view and copy, 38.
Redman, Daniel, 92, 101.
Regiments. See Army.
Register, oath to be taken by, 375.
^— — . deputy, oath to be taken by, t6.
public, remuneration awarded to,

by committee of adventurers sitting at

Grocers' Hall. See Clerks of Council.
Reynolds, Commissary- General Sir John, 12,

30, 67, 79.
Roads, highways, and rivers, to be noted,

giving breadth and depths, together with

falls and islands, 48, 123, 323.
Roberts, Edward, 4, 7, 31, 150, 156, 158, 159,

163, 165, 180, 274, 276, 282, 289.
Rolfe, Jo., 244.
Rowley, Hugh, 243.
Rushley, Jer., 244.
Russell, Ja., 181.

S.

Sadler, Colonel Thomas, 86, 265.

St. George, Oliver, 180.

St. Nicholas, Tho., clerk of Parliament, 307.

Salt, Cape, 4, 7.

( 422 )

Sandford, Theobald, 265.

Sandon, John, 244.

Sands, Cap., house of. See Oxmantown.

Sankey, Sir Hierome, 67, 69, 76, 79, 89, 93,
102, 107, 265, 267, 273, 289, 290, 291. 298,
302, 307, 314 ; bent on sueing Dr. Petty
for £15,000 damages, 81.

charges of misdemeanour,

fraud, and breach of trust, preferred by,
against Dr. Petty, to the House of Com-
mons, 290, 302, 345.

took a prominent part in

proceedings of army, 345 ; commanded
Irish Brigade in north of England, 346.

Saunders, Colonel, 30, 164, 165.

Lawrence, 243.

Robert, 92.

Scobell, Henry, 88.

Scholars of Trinity College, employment of
forbidden by the Provost, 21, 317-

Sea and fishing, advantage of in Kerry, 92.

Scares, Thomas, 243.

Searles, Chr., 244.

Security to be given by Dr. Petty, 17, 22,

27.

— ^^ bond of, perfected, 31.

Seeling, Jo., 244.

Shannon, 75.

mile-line of. See Mile-line.

Shaw, Captain William, 4, 7, 12, 30, 39, 79,
181, 265, 267. 270, 273, 274, 279, 282.

Sheapheard, Thomas, 180.

Sherifis, proposal that they be authorized to
empannel juries to determine wrongs in
distribution of lands, 245 ; and that they
be authorized to give possession when lots
are confirmed by council, 246.

Sibly, Sol., 244.

Slevardagh and Compsy, no survey of, 57.

Sleavelogher mountain in Kerry, 95.

Sled, William, 244.

Sligo. See Galway.
Smith, Mijor, 19, 30, 30.

Jo., 243, 290.

Lewis, and John Humphreys ; delays

and difficulties in surveying forfeited lands

in Kerry by. See Kerry.
Robert, 92, 101.

Snelling, Erasmus, 244.

Soldiers to be trained for field-work, 18.

objected to by Mr. Worsley, 19.

defended by Dr. Petty, 21, 316.

billets, &c., for, 320.

■ delay occasioned by removal of, to

England and Scotland, 126.

maimed, to be speedily put in posses-

sion of their arrears, 67, 318, 328. See also

Army.
Southwell, Sir Robert, 333, 334.
Spanish money paid to Dr. Petty instead of

English, 124,332.
Spursto, William, 243.
Standish, Henry, 243.
James, 4, 7, 64, 157, 161, 163, 164,

165, 180, 182, 183, 216.
Stanley, Thomas, 79, 89, 93.
Stannel, Ro., 73, 76.
Stanyard, Robert, 79.
Staples, Alexander, 80, 89, 93, 181.
Steele, William, Cane, 166, 224, 228, 229.
Stephens, Lieut.-Co1., 30, 180.
Stopford, James, 79, 92, 101, 180, 265.

John, 73.

Theobald, 265.

Storm, great, encountered by Dr. Petty, 268.

Strafford, Earl of, 54, 315, 325.

Strafford survey, 60, 315, 325; probable rate

paid for, 316.
nature of^ and prior to Down

Survey, 346.

I 825.

of Connaught all burned.

( 423 )

Strafford Surrey of Tipperary said to be osed
by Dr.PettyforDowD Survey, 259,325,327.

of Galway and Sligo, 57.

— ...^-^— of Galway, doubtful if ever

completed, 325.

specimen sheet of, 393.

Sullivan, Cor., 19.

Survey by Mr. Worsley, mistake in system of,

shown by Dr. Petty, and remedy offeredi

3,312.
■ committee to consider how it may be

cheaply and expeditiously done, 4, 7,313,

319.

of forfeited and profitable lands ; rea-

sons of committee for objecting to payment
for such lands only, 6, 9, 313.
— security, &c., for. See Security.
articles of agreement for. See Agree-

ment.

— proposal that previous cost of, be
borne by the State or purchaser, 15.

army to pay 1 d. per acre for, in ad-

dition to the £3 per 1000 to be paid by the
State, 15, 22, 27.
complaints against, to be made within

twelve months after subdivision, and three
months allowed to Dr. Petty for correcting
and amending, 29.
^— and subdivision committee ordered to

consider bow to begin, 39 j report of, 40 ;
observations on above, by Dr. Petty, 42.
obstructions and controversies. See

Lands.

to be protracted on single sheets of

paper on scales named. See Maps.

private admeasurements collected.

194,313; executed in Ireland previous to
Down Survey, 346.

examiner-general of, to reside in

Dublin, 45, 322.

taken by adventurers, imperfections

of, 234 ; differences between it and Down
Survey, 240, 312, 316 ; allotments under,
250 ; legal opinion as to whether this sur-
vey or the Down Survey ought to be
adopted, 256.

Survey performed for adventurers by Dr.
Petty and Mr. Worsley, 325, 333, 341.
See also Down Survey.

Surveying, art of, divided into field-work,
protracting, &c., 17*

Surveyor-general, 268, 274; salary of, 316.

office of. See Elephant.

remuneration awarded to,

at Grocers' Hall. See Clerks of Council.

oath taken by, 374, 388.

Surveyors, two or more to be appointed to
each county, for admeasuring lands in each
barony fallen by lot to the soldiers, 5, 319.

oath to be taken by, 375.

. clerks and meresmen to be al-
lowed to assist them, 312.

payment to, 6, 29, 329 ; said to

exceed preceding rate of surrounding whole
baronies, 6.

previously employed, terms for,

proposed by Dr. Petty, if his plans be ap-
proved, 9, 313, 314, 332, 333, 335.

agreements of, broken by, 1 22.

lately employed by Mr. Worsley

remonstrate against Dr. Petty*8 terms,
plan of working, &c., 19 ; reply of Dr.
Petty to above, ib.

examination of, proposed by Mr.

Worsley, 2i.

trained under Dr. Petty 's eye,

near Dublin. See Artists.

informed by Mr. Worsley of Dr.

Potty's undertaking, and instructed not to
enter on any new surrounds, 31, 319.

money expended on gross sur-

rounds reimbursed to, 51.

i 424 )

Surveyors, instructionB to, by Dr. Petty, 5, 6,

46, 61, 3iS, 322.
who protract their own work, and

vice versd, instructiona relative to, 49, 324.
form of certificate of, to work.

51 ; and certificate as to payment, and to
plots sent into surveyor-general's office, 52.
said to be ignorant and drunken.

and defence of, by Dr. Petty, 80, 82.
old, would not work otherwise

than by the 1000 acres, 83, 332, 333, 335.
new, paid by the mile, 83, 329.

Sumpter, Giles, 243.

Sutton, Charles, 244.

Sweeting, Jo., 243.

Symmer, Major. 12, 13, 54, 57, 86, 107, IO85

208, 224. 226, 227, 266. 273.
Miles, commissioner for distribution

of land, 185, 343.

T.

Tables in manuscript book, errors and cor-
rections in, 333.

Taylor, Jo., 244.

Matthew, 244.

Thomas, 52, 189, 195.

Templemore, memoir of. See Ordnance
Survey.

Theobalds, Daniel, 244.

Thomlins, Ed., 80.

Thomlinson, Colonel Matthew, 23, 134, 135,
224, 228, 229, 331.

Thompson, Jo., 181.

Ma., 243, 249.

Thornehill, Robert, 265.

Tipperary, surveys of, made in Earl of Straf-
ford's time, documents of, delivered to Dr.
Petty to be examined, 54« 55, 58 ; report on
approval of, 57 ; value of to Dr. Petty, 62,
63, 326; and destruction of, by fire, 325,
327.

Tipperary, specimen sheet of civil survey of
a barony in, 394 ; parishes in, 58.

uninhabited and waste, 60.

one of barony-books described by

Bfr. Worsley remains in Record Ofilce, 325.
revision of documents of, by Dr.

Patrick Ragget ; Dr.Petty*s agreement with
him, 62 ; maps now remaning oqly copies
made by Dr. Ragget, 327<
contents of baronies in,

in surveyor-general's office^ 187.

quantity of profitable, unprofita-

ble. Church and Crown lands, and com-
monage in, 144-146.

Strafford's survey of, said to be

used by Dr. Petty for Down Survey, 259,
325, 327.

Topographical memoirs. See Memoirs.

Tories, 9.

Townlands. See Plowlands.

Towns, churches, castles, houses, hills, raths,
&c., true places of, to be determined, 37,
47, 43, 50, 123, 313, 322, 326.

Trading with England, 70, 79, 328.

Treasurers-at-war, 158, 160.

Treasury low, 223.

Tredagh, liberties of, possessed by surveyor-
general's friends, 260.

Trees. See Woods.

Tremlett, Bamett, 243.

Trevis, William. 52. •

Trinity College. See Scholars.

Trughanacny, 95.

Tuosist (Toysista), County Kerry lands as-
signed to Dr. Petty in, 226.

Turner, Methuselah, 250.

Tyrone, 107, 108, 183; contents of baronies
ejuunined in surveyor-general's office, 140.

quantity of profitable, unprofitable.

Church and Crown lands, and commonage
in, 144-146.

( 4*5 )

Tjrone, specimen sheet of gross survey of a
baroDj in, 395.

Ulster, distribution of land to disbanded forces
in, 73.

— *- contributions towards quelling rebel-
lion secured on, 318.

value of land in, wood, bog» &c., to be

thrown in, 337.

lands in, not distributed because Eng-

lish proprietors have mortgages on them ;
proposed that lands of the rebels equal to
theur debt be given them, and the remainder
distributed among the soldiers, 75.
— ^ payment on account of survey of, 79.
— »- and Leinster, five-sevenths cannot be

so well satisfied in as in Munstor, 193, 195.
amount received as sattsfaotion in, by

the forces, 196, 328.

lands set out and assigned to Dr. Petty

in ; extent and prices named, 215, 288.
articles of agreement relative to» 216.

Underbill, Thomas, 243.

V.

Vernon, Quarter- Master Genera], 30, 39.
Vise, John, 52.
Voyce, Gam., 244.

W.

Wade, Samwell, 165.

Wages paid to examiners and house-workers,
surveyors and others employed, 35 51, 53.

Walcot, Thomas, 73, 75, 76, 80.

Waldenses, contribution of army towards re-
lief of, 66, 328.

Walker, William, 73, 76. 79.

Waller, Sir Hardress, 4, 7, 10, 12, 13, 30, 31,
39, 40, 79, 86, 89, 180, 204, 206. 265.

one of Dr. Petty 's

IRISH ARCH. SOC 3

sureties, and accused of sharing with the
Doctor the profits of the survey, 33.

Waller, Sir Hardress, son of, employment of
by Dr. Petty, 34.

Ric, 73, 75, 76.

Wallis, Peter, 73, 75, 79, 92, 101, 196, 265.

Warden, William, 180.

Warrants issued for men to show the meres ;
for list of lands to be surveyed, for access
to surveys and records, and for committee
of officers to consider bow work might be
commenced, 32, 319; for stoppage from
army to pay Dr. Petty, 157, 160.

Warren, A., 73, 75, 76, 180, 196.

John, 92, 101.

Capt Edward, 73, 75, 92, 101, 181,

189, 196, 267, 273, 274, 277, 279, 260, 282.

Lieut.- Colonel, 267.

Warrington, Edward, 181.

Warringstowne, survey of, 62.

Watorford, contents of baronies in, examined
in surveyor-general*s office, 137<

quantity of profitable, unprofitable.

Church and Crown lands, and commonage
in, 144-146.

Weale, Mr., 333.

Webb, Captain, 107, 108, 111.

Westmeatb, contents of baronies in, examined
in surveyor-general's office, 139.

-^— ^— quantity of profitable, unprofi-
table. Church and Crown lands, and com-
monage in, 144-146.

instructions under the Act of

Satbfaction to commissioners for holding

and keeping courts of survey in, 383.
Wexford, 107, 106, 183; contents of baronies

examined in surveyor-general's office, 139.
^— — quantity of profitable, unprofitable.

Church and Crown lands, and commonage

in, 144-146.
rents in, 77.

( 4*6 )

Wexford, equivalent for landa of General
Monke in, set oat to Dr. Petty, 224, 281,
285.

sheet from Down Survey of, 396.

Wheeler, Jo., 73.

Ffra., 79.

Whittaker, William, 244.

Wicklow, 107, 108, 183.

surveyed without aid of civil survey

at great additional cost, and cannot be per-
fected, 124, 131, 132, 134, 136, 151, 154.

value of land in, 135.

cost of, allowed Dr. Petty, 156, 333.

Widows, orphans, and maimed soldiers to be
speedily put in possession of their arrears,
67, 199,318, 328.

Williams, Jo., 243.

Wilton, George, 180.

Winkworth, Captain, 299.

Winston, Ric, 243.

Wood, Dr., new property of a circle dis-
covered by, and author of papers in Trans-
actions of Royal Society, 323.

Edward, 243.

Jo., 243, 249.

Woodhouse, William, 244.

Woodreeves, 70, 79.

Woods not growing upon barren mountains
to be surveyed, and number of timber trees
estimated, 37*

— — soil on which they grow, as well as the
woods, i^iplied for by adventurers, 245.

Worsley, Mr., 4, 7, 12, 13, 39, 54,57, 107.
Ill, 112, 115. 119, 150, 159,168,183,291.

Worsley, Mr., as stated by Dr. Petty, failed in
great designs in England, was employed in
managing the geometrical survey, 2.

surveyor-general of Ireland;

Dr. Petty's observation on his manner of
admeasuring, 2; his exorbitant prices, the
dissatisfaction they created in the army | his
manner of framing committees to screen
his failures, and stating bis geometrical sur-
veys were done over agun, 3, 312.

instructions of, clogged with

unnecessary impositions, 7. 319.

not responsible for their imper-

fJDCtions, 313; carefully considered, 320.
survey of, excelled by proposal

of committee, 10, 314 ; remarks on, as to
ito value, 312,313.

opposes Dr. Petty's proposals.

and labours to obstruct the farther con-
sideration of them, ib.
remarks of, on above, answered

by the Doctor, 11.

- objections to Dr. Petty's terms.

being more than was paid for Connaught

and Tipperary, 16.

: in book of distHbution as a

possessor of land, 343.
Wright, Nat., 243.

Yardley, An., 181.
Young, Thomas, 243.

FINIS.

I